Russian Federation Road Transport Charter. Transport legislation: basic provisions and requirements. Types of general regulations
The movement of people or objects (transportation) carried out using vehicle, regulated by Ch. 40 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ. As Art. 784 of the Civil Code of the Russian Federation, the basis for transportation is an agreement concluded between the parties, but its general conditions are legally regulated in special regulations, which are transport charters and codes of the Russian Federation. The parties' agreement regarding these conditions or liability for violations must not contradict them.
It should be noted that the Ministry of Transport is currently developing a draft of a unified Transport Code, which should be introduced by 2030. In addition, the legislature is working to pass a law regulating combined transport and transit.
Federal Law No. 259 - Transport Charter of Motor Transport of the Russian Federation
The transport system of Russia consists of several independent types of transport. One of the types is automobile.
The legal relations arising between the parties (citizens, organizations) in the course of the provision of services by road are regulated by such a transport charter of the Russian Federation as the law "Charter road transport"Dated 08.11.2007 No. 259-FZ. In addition to road transport, the provisions of the transport charter of road transport apply to electric transport carrying out transportation in cities above the ground (trolleybuses, trams).
Within the framework of Law No. 259-FZ, the Government approved the rules of transportation:
- baggage and passengers (resolution "On the approval of the Rules ..." dated February 14, 2009 No. 112);
- cargo (resolution "On the approval of the Rules ..." dated 15.04.2011 No. 272).
It should be noted that the listed legal acts apply only to transportation within the Russian Federation, and when moving abroad, the relevant international agreements apply.
Transport charter of the railways of the Russian Federation
The next type of transport is rail. Transportations carried out by railroad trains and trains are regulated by the law “Charter of Railway Transport of the Russian Federation” dated 10.01.2003 No. 18-FZ. In addition to the transport charter of the railways of the Russian Federation, the conditions, responsibility of the participants who have concluded an agreement among themselves for the carriage of railways are established by the Ministry of Transport of the Russian Federation, or rather, by certain rules approved by this federal executive body. Among them:
- Rules for the carriage of perishable goods (order of 18.06.2003 No. 37).
- Regulations for the readdressing of goods (order dated 18.06.2003 No. 44).
- Rules for the issue of goods (order dated 18.06.2003 No. 29).
- Rules for the carriage of passengers, baggage, cargo luggage (order dated 19.12.2013 No. 473) and some others.
Transport codes and other regulatory legal acts
The rest of the transport codes regulate relations arising from the use of other types of transport in transportation. It:
- Merchant Shipping Code of the Russian Federation of April 30, 1999 No. 81-FZ, regulating civil relations of the same name. The concept of this term is given in Art. 2 of this code.
- The Air Code of the Russian Federation of 19.03.1997 No. 60-FZ, which regulates not only air transportation, but in general the basic principles of using airspace.
- Code of inland waterway transport of the Russian Federation of 07.03.2001 No. 24-FZ, which applies to relations in the implementation of shipping within Russia.
In addition to the listed laws and codes, the provisions of the Law "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1 are related to the transportation of any type of transport, naturally, if the customer of the service is non-entrepreneurial citizens.
Interesting information about the movement of people by various transport can be obtained from the article Rules for the carriage of passengers.
The integral components of transport legislation are published authorized bodies (ministries and departments) tariff guides.
Thus, the transport legal norms of Russia are contained in many legal acts, including transport codes and statutes. it regulations complex nature - a number of codes and statutes contain not only civil law, but also a variety of administrative rules governing the features of the carrier's activities in a particular area. Single Transport Code RF is under development.
The described federal law in its latest edition regulates the legal relationship for the provision of targeted services by automobile and trolleybus (urban ground electric) transport units. Plus, this law contains rules and regulations for passenger transportation, transportation of baggage and cargo, etc. Further, we will analyze this act step by step and analyze the changes made to it in parallel.
- basic provisions
The main provisions here are as follows: first, this law in its latest edition contains a link to some other profile documents that regulate narrower points in this area. Those. this means that what we are describing is still not the main one. Secondly, earlier in the Russian Federation there was no such common document, which would completely regulate the specified area - in November 2007 the State Duma approved it and it is still working.
The introductory part (chapter 1) explains the subject matter and the basic concepts used in the latest edition. The concept of the so-called state supervision in this area is also revealed and the types of messages and transportation of passengers and baggage are indicated. Finally, the charter of road transport in Russia describes the requirements for the functioning of transport infrastructure facilities (and for land-based urban electric). Download material from introductory provisions you can visit specialized legal resources.
Changes for 2016 in the charter of road transport
Changes were made to Articles 21 (transportation of children), 25 (return of lost items), and some rules were developed that tighten the liability of some subjects of these legal relations. Plus, the time has increased during which a passenger has the right to make a refund if, for example, a flight is late. Previously, it was no more than an hour, but now it is a full two hours. The latest edition of the statute of road transport in the Russian Federation also allows the ticket to be used within three hours after the flight has been missed. The major changes end there. We add that the Government of the Russian Federation issued changes in July this year.
Charter for road transport and urban land electric transport - latest edition
By the way, the content of the law is not based on the norms that were in force in the RSFSR. Indeed, in practice, new acts in the Russian Federation are adopted and operate on the basis of documents that worked in the RSFSR. Here everything is different, and we are dealing with completely new dispositions. The latest edition with changes and comments is available on the profile site "Garant". You can also download it here for free.
Disruption of loading according to the charter of road transport
A similar violation is contained in the disposition of article 35 of the charter of road transport. So, if the loading is delayed or idle due to the fault of the subject of the relationship (the carrier or the owner of the cargo), then in such cases a fine is paid, only not for the breakdown or delay itself, but for every hour of downtime of workers or vehicles. The amount of the fine is usually indicated in the agreement itself, but if this is not the case, then a fixed amount will apply - 5% of the carriage value (not to be confused with the freight).
By the way, in the RSFSR, fines were not provided for and such issues were always resolved through the trade union. You can download the act that was in effect in the RSFSR for comparison with the one in force in the Russian Federation on thematic resources. You can also read the commentary of a specialist there.
Carriage of goods - rules for carriage of goods according to the charter
Chapter 6. Liability of carriers, charterers, consignors, consignees, passengers, charterers
Article 34. Liability of the carrier, charterer
1. For non-removal through the fault of the carrier of the cargo provided for by the contract for the carriage of goods, the carrier shall pay the shipper a fine in the amount of twenty percent of the fee established for the carriage of goods, unless otherwise provided by the contract for the carriage of goods. The consignor also has the right to demand from the carrier compensation for losses caused by the carrier in the manner established by the legislation of the Russian Federation.
2. For failure to provide a vehicle stipulated by the charter contract, the charterer shall pay the charterer a fine in the amount of twenty percent of the payment established for the use of the corresponding vehicle, unless otherwise provided by the charter contract. The charterer also has the right to demand compensation from the charterer for losses caused by him in the manner prescribed by the legislation of the Russian Federation.
3. For untimely provision of a vehicle, container, stipulated by the contract of carriage of goods, the carrier pays to the consignor for each full hour of delay a fine in the amount established by the contract for carriage of goods, and if the amount of the specified fine is not established by the contract for carriage of goods, in the amount of:
2) one percent of the average daily carriage charge, determined in accordance with the period of carriage established by the contract for the carriage of goods, for carriage in intercity traffic.
4. The consignor, the charterer, in the case specified in part 3 of this article, also has the right to demand from the carrier, charterer compensation for losses caused by them in the manner prescribed by the legislation of the Russian Federation.
5. The carrier is responsible for the safety of the cargo from the moment it was accepted for carriage until the moment it was handed over to the consignee or a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the carrier could not prevent or eliminate by reasons beyond his control.
6. The carrier is responsible for the safety of the baggage from the moment it was accepted for carriage until the moment it was handed over to the person entitled to receive the baggage, unless it proves that the loss, shortage or damage (spoilage) of the baggage occurred due to circumstances that the carrier could not prevent or eliminate for reasons beyond his control.
7. The carrier shall indemnify for damage caused during the carriage of goods, baggage, in the amount of:
1) the cost of lost or missing cargo, baggage in case of loss or shortage of cargo, baggage;
2) the amount by which the cost of cargo, baggage has decreased, in case of damage (spoilage) of cargo, baggage or the value of cargo, baggage if it is impossible to restore damaged (spoiled) cargo, baggage;
3) the share of the declared value of the cargo, baggage, the corresponding missing or damaged (spoiled) part of the cargo, baggage, in case of shortage, damage (damage) to the cargo, baggage handed over for carriage with the declared value;
4) the declared value in case of loss of cargo, baggage, as well as the impossibility of restoring cargo, baggage handed over for carriage with a declared value and damaged or damaged.
8. The cost of cargo, baggage is determined on the basis of the price of cargo, baggage indicated in the seller's invoice or provided for by the contract for the carriage of goods, the contract for the carriage of a passenger, and in the absence of an invoice or price indication in the contract, based on the price that is usually charged for similar goods under comparable circumstances ...
9. The carrier, along with compensation for damage caused by the loss, shortage, damage (spoilage) of the transported cargo, baggage, returns to the consignor or consignee, passenger the carriage charge received for the carriage of lost, missing, damaged (spoiled) cargo, baggage, if this carriage charge is not included in the cost of the cargo.
10. The carrier is released from liability for non-preservation of hand luggage carried by the passenger, unless the passenger proves that the non-preservation of hand luggage was caused by the carrier.
11. The carrier shall pay the consignee a fine for delayed delivery of the goods in the amount of nine percent of the carriage charge for each day of delay, unless otherwise provided by the contract for the carriage of goods. The total amount of the fine for delayed delivery of the goods cannot exceed the amount of its carriage charge. Delay in delivery of cargo is calculated from twenty-four hours of the day when the cargo is to be delivered, unless otherwise provided by the contract for the carriage of goods. The basis for calculating a fine for delayed delivery of goods is a mark in the bill of lading about the time of arrival of the vehicle at the point of unloading.
12. For late delivery of baggage, the carrier shall pay the recipient of baggage a fine in the amount of three percent of its carriage charge for each day of delay (incomplete days are considered full), but not more than in the amount of the carriage charge. The delay in baggage delivery is calculated from twenty-four hours of the day when the baggage is to be delivered. The fine for late delivery of baggage is paid on the basis of an act drawn up at the request of the recipient of the baggage, no later than ten days from the date of registration of this act. Flow the specified period suspended in case of going to court.
13. For a delay in the departure of a vehicle that regularly transports passengers in intercity traffic, or its arrival at the destination more than an hour late, the carrier shall pay the passenger a fine in the amount of three percent of the fare for each hour of delay, but not more than in the amount of the cost travel and no later than ten days after the day the passenger presented corresponding requirement... The course of this period is suspended in the event of an appeal to the court. The passenger also has the right to demand from the carrier compensation for losses caused to him in connection with the delay in departure or the arrival of the vehicle late at the destination, in the manner prescribed by the legislation of the Russian Federation.
Article 35. Liability of the consignor, consignee, charterer, passenger
1. For failure to present for the carriage of goods provided for by the contract of carriage of goods, the consignor shall pay to the carrier a fine in the amount of twenty percent of the fee established for carriage of goods, unless otherwise provided by the contract for carriage of goods. The carrier also has the right to demand from the consignor compensation for losses caused to him in the manner prescribed by the legislation of the Russian Federation.
2. For refusal to use a transport vehicle stipulated by the charter contract, the charterer shall pay the charterer a fine in the amount of twenty percent of the payment established for the use of this transport vehicle, unless otherwise provided by the charter contract. The charterer also has the right to demand compensation from the charterer for losses caused to him in the manner prescribed by the legislation of the Russian Federation.
3. For failure to indicate in the waybill special marks or necessary precautions during the carriage of goods, or for distortion of information about the properties of the goods, the shipper is charged a fine in the amount of twenty percent of the carriage charge. Payment of the fine does not relieve the shipper from compensation for damage caused to the carrier by such violations.
4. For the delay (idle) of vehicles submitted for loading, unloading, respectively, the consignor, the consignee shall pay for each full hour of delay (downtime) a fine in the amount established by the contract for the carriage of goods, and if the amount of the specified fine in the contract for the carriage of goods not installed, in size:
1) five percent of the carriage charge for transportation in urban or suburban traffic;
5. In the event of a delay (idle time) of specialized vehicles, the amount of the fine specified in part 4 of this article is doubled, unless otherwise provided by the contract for the carriage of goods. The list of specialized vehicles is determined by the rules for the carriage of goods.
6. The penalty for delaying (idle) vehicles shall be levied regardless of the penalty for failure to present for the carriage of goods stipulated by contracts for the carriage of goods. The grounds for calculating a penalty for delaying (idle) vehicles are the marks in the waybills or waybills about the time of arrival and departure of vehicles.
7. For the delay (idle time) of containers belonging to the carrier and submitted for loading, unloading, in excess of the norms established by the contract for the carriage of goods, respectively, shippers, consignees pay for each full hour of delay (downtime) a fine in the amount established by the contract for the carriage of goods, and in if the amount of the specified fine is not established in the contract for the carriage of goods, in the amount of:
1) five percent of the carriage charge for transportation in urban or suburban traffic;
2) one percent of the average daily carriage charge for long-distance carriage, determined in accordance with the time period for performing the corresponding carriage established by the contract.
8. The penalty for the delay (idle time) of containers is levied regardless of the penalty for failure to present for the carriage of goods stipulated by the contract for the carriage of goods. The grounds for calculating a penalty for the delay of (idle) containers are the marks in the waybills, waybills or accompanying sheets about the time of delivery and departure of containers.
9. For the departure of items, the carriage of which as part of the baggage is prohibited, as part of the baggage checked in for carriage, the passenger shall pay the carrier a fine in the amount of ten times the carriage charge for the carriage of baggage.
Article 36. Grounds for exemption of the carrier, charterer, consignor, consignee, charterer from liability
The carrier, charterer, consignor, consignee, charterer are exempt from the liability provided for in Articles 34 and 35 of this Federal Law if their failure to fulfill their obligations was due to:
1) force majeure;
2) temporary restrictions or prohibitions on the movement of vehicles on roads, introduced in the manner prescribed by the legislation of the Russian Federation, for reasons beyond the control of the carrier, charterer, consignor, consignee, charterer;
3) other reasons beyond the control of the carrier, charterer, consignor, consignee, charterer.
Article 37. Invalidity of agreements
Any agreements of carriers, charterers with shippers, consignees, charterers, passengers, with the aim of limiting or eliminating the liability imposed on them, are considered invalid, unless otherwise provided by this Federal Law.On the application of this code on the territory of the Russian Federation, see (Resolution of the RF Armed Forces of March 3, 1993 N 4604-1)
Section I. General Provisions (items 1 - 13)
Section II. Rolling stock, highways, (items 14 - 29) structures and devices for organizing the transportation of goods and servicing passengers
Section III. Planning and organization of transportation (clauses 30 - 73) cargo
Section IV. Transportation of passengers, baggage and mail (clauses 74 - 96)
Section V. Car rental (pp. 97 - 99)
Section VI. Tariffs and calculations for transportation (pp 100 - 104)
Section VII. Direct mixed traffic with the participation (points 105 - 123) of other modes of transport
Section VIII. Freight forwarding operations and (points 124 - 125) services rendered by enterprises and organizations of public road transport
Section IX. Responsibility of road transport companies (clauses 126 - 168) enterprises and organizations, consignors, consignees and passengers, as well as citizens using cars rented. Acts, claims and claims
Section X. Control over the work of automobile transport (p. 169) sports
Section I General Provisions
1. Automobile transport, being one of the most important sectors of the national economy, provides, along with other modes of transport, the normal production and circulation of industrial products and agriculture, the needs of capital construction, meets the needs of the population in transportation and helps to strengthen the defense power of the USSR.
2. The RSFSR Road Transport Charter defines the duties, rights and responsibilities of road transport enterprises and organizations located on the territory of the RSFSR, other enterprises, organizations, institutions with cars, regardless of their departmental subordination, as well as enterprises, organizations, institutions and citizens using road transport.
Enterprises, organizations and institutions that have cars, when transporting goods for other enterprises, organizations and institutions, as well as transporting passengers, baggage and mail, enjoy the rights and bear the obligations and responsibilities provided for by this Charter for road transport enterprises and organizations.
This Charter regulates the procedure for drawing up and implementing a road transport plan in the RSFSR, the main conditions for the carriage of goods, passengers, baggage and mail by road, as well as the relationship of road transport enterprises and organizations located on the territory of the RSFSR with enterprises and organizations of other types of transport in terms of road transport ( as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
3. The main tasks of motor transport enterprises and organizations located on the territory of the RSFSR are to fully satisfy the needs of the national economy and the population in road transport, fulfillment by road transport of plans for the transportation of goods and passengers, ensuring the safety of transported goods and their timely delivery to their destinations.
Road transport enterprises and organizations, as well as ministries, departments, enterprises, organizations and institutions, consignors and consignees are obliged to strictly observe state interests when transporting goods and ensure full and rhythmic fulfillment of the plan for the transportation of goods by road, rational use of rolling stock, traffic safety and maximum reduction transportation costs in the national economy.
4. This Charter applies to the carriage of goods, passengers, baggage and mail, carried out by road transport enterprises and organizations of the Ministry of Motor Transport of the RSFSR, Glavmosavtotrans, the Department of Light Automobile Transport and the Department of Passenger Transport of the Moscow City Executive Committee (motor transport of general use), as well as transportations carried out by motor transport enterprises and organizations located on the territory of the RSFSR, other enterprises with cars, organizations and institutions of ministries and departments of the USSR, the RSFSR, other Union republics, Councils of Ministers of autonomous republics, executive committees of Councils of People's Deputies, cooperative and public organizations (departmental road transport), with the exception of motor transport enterprises and organizations of the Ministry of Defense, the State Security Committee of the USSR and the Ministry of Internal Affairs of the USSR (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
5. Automobile transportation is subdivided into urban, suburban, intercity, inter-republican and international.
Urban transportation includes transportation carried out within the city limits (another settlement), suburban transportation - transportation carried out outside the city (another settlement) for a distance of up to 50 kilometers, intercity transportation - transportation carried out outside the city limits of another settlement) at a distance of more than 50 kilometers, to inter-republican - transportation carried out on the territory of two or more union republics, and to international - transportation carried out outside or from outside the territory of the USSR.
6. On the basis of this Charter, the Ministry of Road Transport of the RSFSR approves, with subsequent publication in the Collection of Rules for Transportation and Tariffs for Road Transport of the RSFSR:
a) in agreement with the State Planning Committee of the RSFSR and the State Arbitration under the Council of Ministers of the RSFSR - the Rules for the carriage of goods by road in the RSFSR (hereinafter referred to as the Rules), developed with the participation of interested ministries and departments and containing the conditions for the transportation of certain types of goods, the performance of commercial operations, transport and forwarding services to enterprises and organizations.
The conditions for forwarding services to enterprises and organizations in the part concerning the relationship of motor transport enterprises and organizations located on the territory of the RSFSR with enterprises and organizations of other types of transport are approved by agreement with the relevant transport ministries;
b) jointly with the relevant ministry (department) and in agreement with the State Planning Committee of the RSFSR and the State Arbitration Court under the Council of Ministers of the RSFSR - special conditions for the carriage of goods by road in the RSFSR by road transport of enterprises, organizations and institutions of certain sectors of the national economy;
c) in conjunction with the relevant transport ministry, the Rules for the centralized delivery (export) of goods by road at railway stations, ports (at the pier) and airports in the RSFSR;
d) Rules for the carriage of passengers and baggage by road in the RSFSR; For freight forwarding see also the Civil Code of the Russian Federation
e) Rules for transport and forwarding services for citizens in the RSFSR.
The conditions of transport and forwarding services for citizens in terms of relations between motor transport enterprises and organizations located on the territory of the RSFSR with enterprises and organizations of other types of transport are approved by agreement with the relevant transport ministries (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
7. Road transport enterprises and organizations are obliged to systematically improve their economic work, improve transportation methods and seek additional reserves to reduce costs and increase the profitability of transportation.
The main method of operation of road transport enterprises and organizations is centralized transportation of goods.
Shippers and consignees are obliged to promote the development of centralized transportation of goods everywhere.
8. Motor transport enterprises and organizations of the RSFSR Ministry of Motor Transport shall be responsible for:
a) the implementation of transportation of goods of state, cooperative and public enterprises, organizations and institutions, regardless of their departmental subordination, as well as the goods of citizens.
The main task of enterprises and organizations of public road transport is the implementation of centralized transportation of goods in cities and industrial centers for industrial enterprises, construction sites, supply, trading and forwarding organizations, enterprises of the building materials industry, centralized delivery (export) of goods at railway stations, to ports (at the pier) and airports, cargo transportation to countryside, and first of all, the harvest of grain and industrial crops, vegetables, potatoes, silage mass and other agricultural goods to procurement points, to processing plants and to places of long-term storage;
b) carrying out the transportation of passengers, baggage and mail;
c) participation in direct multimodal transport;
d) provision of cars to ministries, departments, enterprises, organizations and institutions for business trips;
e) provision of cars for rent to citizens;
f) forwarding services for enterprises, organizations, institutions and citizens.
Enterprises and organizations of public road transport of the Moscow City Executive Committee carry out transportation and provide services assigned to them current regulations (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
9. Departmental road transport carries out on the territory of the RSFSR:
all types of technological and economic transportation of goods of industrial enterprises and construction sites, with the exception of centralized, as well as intercity transportation performed by public road transport. The road transport of construction ministries can, if appropriate, also carry out centralized and intercity transportation of goods;
intra-collective and intra-state farm transportation of goods directly related to the technology of agricultural production.
Technological transportation of goods from collective and state farms in rural areas can also be carried out centrally by road transport of the system of the State Committee of the RSFSR for production and technical support Agriculture.
The list of technological transportation of goods is determined in the prescribed manner.
The procedure for carrying out technological transportation of goods by departmental road transport is established by the relevant ministries, departments, executive committees of the Soviets of People's Deputies, cooperative and public organizations, and when these transportations are carried out by enterprises and organizations of public road transport - the Rules (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
10. In areas where there are no enterprises and organizations of public road transport, road transport enterprises and organizations of ministries, departments and executive committees of the Councils of People's Deputies, carry out all types of transportation of goods, passengers, baggage and mail (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05. 80 N 253).
11. The Ministry of Road Transport of the RSFSR, in agreement with the State Planning Committee of the RSFSR, approves and publishes in the Collection of Rules for Transportation and Tariffs for Road Transport of the RSFSR a list of highways along which regular intercity transportation of goods is carried out, as a rule, by public road transport, points of reception and delivery of goods transported in intercity traffic, indicating the distance between these points, and also informs about this through transport companies or organizations of interested consignors.
Intercity transportation of goods on roads not included in the specified list is carried out by enterprises and organizations of public road transport by agreement with the consignors (consignees).
Enterprises, organizations and institutions of ministries and departments, Councils of Ministers of autonomous republics, executive committees of Councils of People's Deputies, cooperative and public organizations can carry out intercity transportation of goods in the manner prescribed by the Regulation on the organization of intercity road transport of goods in the RSFSR, approved by the Council of Ministers of the RSFSR (as amended by . Resolutions of the Council of Ministers of the RSFSR from 28.11.69 N 648; from 16.05.80 N 253).
12. The procedure and conditions for the implementation of inter-republican road transport are established by an agreement between the Ministry of Road Transport of the RSFSR and the road transport management bodies of other Union republics.
In the absence of this agreement, the procedure and conditions for the implementation of these carriages shall apply, which are in force in the Union republic, on the territory of which the trucking company or organization accepted for carriage the cargo, passenger, baggage or mail (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648)
13. International transportation of goods, passengers and luggage by road is carried out in the manner prescribed by the legislation of the USSR. About licensing international transport and related freight forwarding services, see order of the Ministry of Transport of the Russian Federation of February 21, 1994 N 9
Section II Rolling stock, highways, structures and devices for the organization of cargo transportation and passenger service
Rolling stock
14. To carry out the transportation of goods, passengers, baggage and mail, transport enterprises and organizations must have rolling stock: trucks and car trailers of various carrying capacities (flatbed, dump trucks, vans, including isothermal, tanks and others), off-road vehicles, trucks with semi-trailers, buses different types, as well as cars, including taxis.
15. The procedure for the maintenance of rolling stock and structures of road transport, as well as the procedure for the technical operation of this rolling stock on the line are established by rules and instructions developed with the participation of interested ministries and departments and approved by the Ministry of Road Transport of the RSFSR (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
Highways and access roads
16. Motor roads of general use located on the territory of the RSFSR are subdivided into roads of national, republican and local significance. Regional roads are distinguished from local roads.
Highways of national and republican significance are under the jurisdiction of the Ministry of Construction and Operation of Highways of the RSFSR.
Highways of republican significance are transferred by the Ministry of Automobile Transport and Highways of the RSFSR for permanent service to the road authorities of the relevant Councils of Ministers of the autonomous republics and the executive committees of regional (territorial) Councils of People's Deputies.
Highways of local importance are under the jurisdiction of the Ministry of Motor Transport and Highways of the RSFSR and the Councils of Ministers of the autonomous republics, the executive committees of regional (territorial) Councils of People's Deputies.
Highways within cities and workers' settlements are under the jurisdiction of the relevant executive committees of the Soviets of People's Deputies (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
17. The Ministry of Roads of the RSFSR, the Councils of Ministers of the Autonomous Republics, the executive committees of the Soviets of People's Deputies, as well as collective farms, state farms and other enterprises and organizations are obliged to maintain the motor roads, road signs, direction signs and other technical means of traffic control in a state of ensuring the unimpeded and safe movement of cars, as well as taking the necessary measures to improve traffic on these roads (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
18. Motor transport enterprises and organizations, as well as other enterprises, organizations and institutions that have cars, when transporting goods, passengers, baggage and mail on motor roads are obliged to ensure traffic safety and road safety.
It is prohibited on highways:
a) the passage of vehicles whose total height with cargo exceeds the dimensions indicated on the road signs;
b) the carriage of goods protruding in width beyond the dimensions of vehicles established by the state standard or technical specifications, as well as goods protruding over the tailgate by more than 2 meters or dragging along the road;
c) passage of all types of vehicles with axle loads exceeding the norms established by state standards or indicated on road signs.
Transportation of oversized cargo can be carried out in some cases with the permission of road authorities and bodies of the State Automobile Inspectorate in the manner prescribed by the Rules.
19. The Ministry of Automobile Transport of the RSFSR and the Ministry of Automobile Roads of the RSFSR provide technical assistance to the rolling stock on the roads, regardless of its affiliation, with payment of the cost of services rendered at tariffs.
On highways of national importance, technical assistance to rolling stock on the way is organized by means of road maintenance organizations of the Ministry of Highways of the RSFSR. On the same roads, technical assistance to rolling stock is provided by stations maintenance vehicles and motor transport enterprises of the Ministry of Motor Transport of the RSFSR at their location.
The list of roads on which technical assistance is organized is approved by the Ministry of Motor Transport of the RSFSR jointly with the Ministry of Motor Roads of the RSFSR and published in the Collection of Rules for Transportation and Tariffs for Motor Transport of the RSFSR.
The procedure for organizing technical assistance to rolling stock on highways is determined by the Regulations on the organization of technical assistance to rolling stock on highways in the RSFSR, approved by the Ministry of Motor Transport of the RSFSR jointly with the Ministry of Highways of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648, dated 16.05 .80 N 253).
20. Temporary suspension or restriction of the carriage of goods, passengers, baggage and mail on motor roads in the RSFSR may be carried out only in cases of natural phenomena or due to road and climatic conditions.
Decisions on the termination or restriction of the carriage of goods, passengers, baggage and mail with an indication of the period of validity of the termination or restriction of carriage on roads of national importance are made by the Ministry of Construction and Operation of Highways of the RSFSR, on other public roads - by the Councils of Ministers of the Autonomous Republics or the executive committees of regional ) Councils of People's Deputies.
The Ministry of Highways of the RSFSR, and on the rest of the roads, the Councils of Ministers of the Autonomous Republics and the executive committees of the regional (territorial) Councils of Working People's Deputies are obliged to inform interested enterprises, organizations, institutions and citizens about the temporary suspension or restriction of transportations on motor roads of national importance.
In urgent cases, the bodies of the State Automobile Inspectorate may prohibit or restrict the movement of vehicles carrying out transportation on certain sections of streets and roads when their use threatens traffic safety (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253 ).
21. Consignors and consignees are obliged to have access roads from highways to loading and unloading points and to maintain these tracks in good condition, ensuring the unhindered and safe movement of vehicles and their free maneuvering at any time during transportation.
22. Compliance of the state of highways and access roads located on the territory of the RSFSR with the requirements of traffic safety and safety of cargo and rolling stock is determined jointly by the relevant road authorities, motor transport enterprises or organizations and bodies of the State Automobile Inspection.
Structures and devices for the organization of cargo transportation and passenger service
23. Loading and unloading points of consignors and consignees must have: mechanization equipment and the required number of workers to ensure compliance with the established deadlines for loading and unloading goods from vehicles; devices for illumination of workplaces and access roads to them when working in the evening and at night; inventory, rigging and, if necessary, weighing devices for weighing goods and rolling stock, as well as, depending on the volume and nature of the work performed, the required number of equipped places for loading and unloading goods and indicators for the location of warehouses, entrances and exits.
24. For the implementation of intercity transportation of goods of enterprises, organizations, institutions and citizens, including in direct mixed traffic, acceptance of goods in small shipments, short-term storage of goods and their subgrouping according to directions, the Ministry of Motor Transport of the RSFSR creates freight bus stations, forwarding offices, agencies and other organizations (as amended by the Resolution of the Council of Ministers of the RSFSR of 28.11.69 N 648).
25. Freight auto stations should have road access roads, loading and unloading areas and the necessary premises for short-term storage of goods and their subgrouping, as well as mechanization and equipment that ensure the normal and uninterrupted performance of loading and unloading and other cargo operations.
26. For servicing passengers in suburban and intercity communications, enterprises and organizations of public road transport, depending on the volume and nature of transportation, must have bus stations (bus stations) and car pavilions. Bus stations (bus stations) must have ticket offices and, depending on the volume and nature of transportation, storage rooms for hand luggage and luggage, waiting rooms, rooms for mothers and children, buffets or restaurants, premises for cultural, household and sanitary services for passengers (mail , help desk, points medical care etc.), as well as rest rooms for chauffeurs and conductors, office premises for persons directly involved in servicing passengers and the movement of buses and taxis.
The location of bus stations (bus stations) in cities should provide convenient passenger service.
On the territory adjacent to bus stations (bus stations), there should be platforms for passengers to enter and exit buses and taxis, equipped with signs and fencing devices, as well as parking areas for buses and fixed-route taxis. The improvement of areas at bus stations, bus stations) is entrusted to the executive committees of the Soviets of Working People's Deputies.
27. Enterprises and organizations of public road transport may, in agreement with the authorities of other types of transport, use the premises belonging to these authorities in railway stations for organizing bus stations in them).
28. Motor transport enterprises and organizations on bus routes shall equip stopping points with indicators of traffic intervals or timetables.
29. At bus stops in cities and other settlements, the executive committees of the Councils of People's Deputies equip landing sites for passengers to enter and exit buses and car pavilions.
For parking taxis in cities and other settlements, the executive committees of the Soviets of People's Deputies, on the proposal of motor transport enterprises and organizations of the Ministry of Motor Transport of the RSFSR, should allocate special landscaped areas.
Section III Planning and organization of cargo transportation
Cargo transportation planning
30. Transportation of goods by road in the RSFSR is carried out according to plans that are drawn up on the basis of plans for production, capital construction, purchases of agricultural products, material and technical supply and turnover and are justified by the necessary calculations.
The procedure and terms for the development of plans for the transportation of goods are established by the provisions approved in the manner established by the Council of Ministers of the USSR.
Enterprises, organizations and institutions, ministries and departments, when drawing up plans for the carriage of goods by road, must take into account the need for:
a) reducing transport costs;
b) satisfying the needs of the national economy in the transportation of goods and improving its service by increasing centralized transportation, as well as introducing rational routes and schemes of freight flows;
c) improving the use of the rolling stock of road transport;
d) the correct distribution of traffic between different modes of transport.
31. The Council of Ministers of the RSFSR approves the annual plan for the carriage of goods by public road transport with the distribution of the volumes of carriage of goods:
a) by ministries and departments of the RSFSR;
b) for the ministries and departments of the USSR (in terms of the transportation of goods of enterprises, organizations and institutions located on the territory of the RSFSR) in accordance with the regulations approved in the manner established by the Council of Ministers of the USSR.
32. The annual plan for the transportation of goods by road of the ministries and departments of the RSFSR is approved in the manner established by the Council of Ministers of the RSFSR.
33. The annual plan for the carriage of goods by road transport enterprises and organizations of the ministries and departments of the USSR located on the territory of the RSFSR is approved in the manner established by these ministries and departments.
34. On the basis of the annual plan for the carriage of goods by public road transport, approved by the Council of Ministers of the RSFSR, the Ministry of Road Transport of the RSFSR, in agreement with the relevant ministries and departments, approves annual plans transportation of goods by subordinate republican associations (main departments) of road transport, as well as by territorial associations of road transport directly subordinate to the Ministry, and other relevant departments.
Planning of cargo transportation by consignors to consignees) for a quarter is carried out locally by territorial associations of road transport or other relevant divisions, with the exception of transportation planned in a centralized manner (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 20.04.84 N 101) ...
Organization of cargo transportation
35. Enterprises and organizations of public road transport of the RSFSR accept for transportation:
a) cargo on the basis of plans approved in accordance with the established procedure;
b) outside the plan - goods of a one-time nature when presented in small consignments, goods presented by the population, as well as goods ordered by the Ministry of Motor Transport and Highways of the RSFSR.
Transportation of vegetables, fruits, milk and other perishable agricultural products for procurement organizations and consumer cooperation organizations is carried out according to the plan, as well as upon presentation (without limitation) upon applications submitted five days before transportation.
Automobile transport enterprises and organizations of ministries, departments and executive committees of the Councils of People's Deputies accept goods for transportation in the manner established by the relevant ministry, department or executive committee of the Council of People's Deputies.
Cargoes, the carriage of which is caused by a natural disaster or accident, are accepted for carriage outside the plan and out of turn (as amended by Resolutions of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
36. On the basis of the plan for the carriage of goods, road transport enterprises or organizations conclude annual contracts with shippers or consignees for the carriage of goods by road.
When concluding a contract for the carriage of goods with the consignee, as well as when accepting a one-time order from him, he enjoys the rights, bears the obligations and responsibility provided for by this Charter for the consignor.
An annual contract can also be concluded by a trucking company or an organization with a supply and sales organization or another organization that is not a consignor or consignee. In this case, in accordance with the contract, organizations that are not consignors or consignees enjoy the rights and bear the obligations and responsibilities provided for by this Charter for consignors and consignees.
The list of cases when annual contracts for the carriage of goods by road are concluded by road transport enterprises or organizations with consignees, supplying and marketing or other organizations that are not consignors or consignees, is established by the Rules.
Under an annual contract for the carriage of goods by road, a trucking company or organization is obliged to accept in a timely manner, and the consignor to present for transportation of goods in the specified volume. The annual agreement establishes the volumes and conditions of transportation, the procedure for settlements and determines the rational routes and schemes of cargo flows.
In accordance with the annual contract and within the quarterly plan, the trucking company or organization, in agreement with the consignor, 10 days before the start of the quarter, approves monthly plans and determines ten-day targets for the transportation of goods for the first month of the quarter.
Decade targets for the second and third months of the quarter are established in the same manner 10 days before the beginning of the corresponding month.
A model annual contract for the carriage of goods by road is developed with the participation of interested ministries and departments and is approved by the Ministry of Road Transport of the RSFSR in agreement with the State Planning Committee of the RSFSR and the State Arbitration Court under the Council of Ministers of the RSFSR.
The procedure and terms for concluding annual contracts for the carriage of goods by road are provided for by the Rules.
With constant economic ties, the trucking company or organization and the consignor may extend by next year validity of the annual contract for the carriage of goods by road (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
37. Transportation, the implementation of which is associated with the transfer of rolling stock of public road transport outside the autonomous republics, territories and regions of the RSFSR for work outside the place of his permanent residence, are carried out with the permission of the Ministry of Road Transport of the RSFSR.
Transportation associated with the transfer of the specified rolling stock within the autonomous republics, territories and regions for work outside the place of its permanent residence, is carried out with the permission of the territorial associations of the Ministry of Motor Transport of the RSFSR.
The movement of rolling stock of road transport within the RSFSR for the transport of agricultural products and raw materials during the harvesting period (for work outside the place of his permanent residence) is carried out with the permission of the Council of Ministers of the RSFSR or in the manner established by it.
Additional costs of road transport enterprises and organizations associated with the transfer of rolling stock to work outside the place of its permanent residence are paid by the consignor (consignee) at tariffs (As amended by the Resolutions of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 20.04.84 N 101).
38. In case of centralized transportation, road transport enterprises and organizations, combining transportation and forwarding services, produce under a contract for the carriage of goods by road and according to agreed schedules drawn up taking into account production processes main production from shippers and consignees, export (delivery) of goods from industrial enterprises, bases, warehouses, railway stations, from ports (from wharves) and airports.
The procedure for organizing centralized transportation of goods, as well as the rights and obligations of road transport enterprises and organizations, consignors and consignees in the implementation of these transportation are established by the Rules.
The procedure for organizing centralized delivery (export) of goods at railway stations, ports (at the pier) and airports, the rights and obligations of road transport enterprises and organizations, railway stations, ports (marinas) and airports are established by the rules of centralized delivery (export) of goods by road at railway stations, in ports (at the pier) and airports in the RSFSR.
39. Road transport enterprises and organizations are obliged to ensure the carriage of goods, and the consignors (consignees) must promptly present for carriage the goods in the amounts stipulated by the contract for the carriage of goods by road or a one-time order accepted for execution.
40. For the carriage of goods, the consignor shall submit to a trucking company or organization, if there is an annual contract for the carriage of goods, a corresponding application, and in the absence of an annual contract, a one-time order.
The form of applications and the procedure for their submission are established in the Model Annual Contract for the carriage of goods by road.
The form of one-time orders and the procedure for their submission and execution are established by the Ministry of Road Transport of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR of 28.11.69 N 648).
41. Officials guilty of the systematic submission of overstated applications for the carriage of goods when drawing up a transportation plan, of failure to submit for carriage of goods provided for by the annual contract for the carriage of goods by road, an application or a one-time order accepted for execution, as well as in violation of the terms of loading and unloading cargo are responsible in the prescribed manner.
42. The types and number of vehicles required for the transportation of goods are determined by road transport companies and organizations, depending on the volume and nature of transportation.
43. Flammable, explosive, poisonous, poisonous, caustic substances, as well as other dangerous goods are accepted for transportation by road transport enterprises or organizations in the manner and in cases stipulated by the Rules.
Transportation rules dangerous goods road transport approved
Instructions for the transportation of bulky and heavy cargo
road transport on the roads of the Russian Federation approved
By the Ministry of Transport of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and the Federal Automobile and Road Service of the Russian Federation
44. Road transport enterprises and organizations are obliged to ensure the timely supply of rolling stock at all points of loading and unloading in accordance with contracts for the carriage of goods by road, as well as submit to shippers for loading serviceable rolling stock in a condition suitable for the carriage of this type of cargo and meeting sanitary requirements ...
The supply of rolling stock, unsuitable for the carriage of goods stipulated by the contract, is equivalent to the failure to supply vehicles.
Road transport enterprises and organizations, in case of failure to supply, through their fault, the rolling stock provided for by the agreed monthly tasks for the carriage of goods, are obliged, at the request of the consignors (consignees), to allocate rolling stock to replenish the underload during the next month of the given quarter. Rolling stock not delivered in the last month of a quarter must be allocated in the first month of the next quarter.
The procedure for the allocation of rolling stock for replenishing the underload is established by agreement between the motor transport company or organization and the consignor (consignee). In case of violation of the agreed procedure, a trucking company or organization for non-delivery of rolling stock, and the consignor (consignee) for failure to present goods for transportation shall be liable for failure to fulfill the transportation plan.
45. Under the contract for the carriage of goods, the trucking company or organization undertakes to deliver the goods entrusted to them by the consignor to the destination and issue it to the person entitled to receive the goods (consignee), and the consignor undertakes to pay the established fee for the carriage of the goods.
When transporting soil to dumps, snow and other goods for which warehouse accounting is not kept (goods of a non-commodity nature), trucking companies and organizations, under the terms of a transportation contract, may be exempted from the obligation to hand over the goods to consignees.
46. \u200b\u200bRoad transport enterprises and organizations accept for transportation of individual cargoes with the value declared by the consignor by the consignee). Declared value must not exceed actual value cargo. In case of disagreement between a trucking company or organization and a consignor (consignee), the value of the cargo is determined by an expert examination, about which an act is drawn up.
The list of goods, the declaration of the value of which is mandatory, as well as goods, the declaration of the value of which is not allowed, is established by the Rules.
47. The consignor must submit to the trucking company or organization a consignment note drawn up, as a rule, in four copies, which is the main shipping document and according to which this cargo is written off by the consignor and posted by the consignee, for the cargo of a commercial nature presented for transportation.
The consignor and the consignee are responsible for all consequences of incorrectness, inaccuracy or incompleteness of the information specified by them in the consignment note. Road transport companies and organizations have the right to check the correctness of this information.
Goods of a commercial nature that are not issued with consignment notes, a trucking company or an organization will not be accepted for transportation.
The carriage of goods of a non-commodity nature is formalized by an act of measurement or an act of weighing. In case of mass transportation of soil, its quantity can be determined by geodetic measurement. The procedure for drawing up a measurement report or weighing report, as well as the procedure for receiving and delivering goods of a non-commodity nature, are established by the Rules.
The use of a car with payment for its work at a time rate is made out by the records of the consignor (consignee) in the waybill indicating the mileage and the time the car was at his disposal, minus the driver's lunch break.
Typical bill of lading form and form waybill, as well as the rules for filling them out are approved in the manner established by the Council of Ministers of the USSR.
See the Instruction on the procedure for settlements for the carriage of goods by road
transport, approved by the USSR Ministry of Finance, USSR State Bank, Central
statistical office under the Council of Ministers of the USSR, the Ministry of Transport of the RSFSR
Ministries and departments - shippers establish the form of consignment notes in accordance with Typical form consignment note (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
48. Transportation of homogeneous goods from one consignor to the address of one consignee at the same distance can be drawn up with one consignment note, one act of measurement or one act of weighing in total for all work performed by the car during the shift, in the manner prescribed by the Rules ( as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
49. The carriage of goods is carried out by a trucking company or organization, as a rule, without being accompanied by the forwarder of the consignor (consignee).
The list of goods transported accompanied by the forwarder of the consignor (consignee), and the procedure for the carriage of these goods are established by the Rules.
50. When accepting the cargo for transportation, the driver-forwarder of a road transport company or organization presents to the consignor an official certificate and a waybill, certified by the seal of the road transport company or organization.
About the documents provided to the forwarder
(see also the Civil Code of the Russian Federation)
51. Acceptance of goods for transportation from the consignor is certified by the signature of the freight forwarder in all copies of the consignment note, one of which is handed over to the consignor.
52. The consignor is obliged to prepare the cargo for transportation prior to the arrival of the vehicle for loading (to package, subgroup by consignee, prepare shipping documents, passes for the right to travel to the place of loading and unloading of cargo, etc.) in order to ensure the rational use of the mobile composition and safety of cargo along the route.
Upon presentation of goods in containers or packaging and piece goods in small consignments, the consignor is obliged to mark each package in advance in accordance with the Rules.
Cargoes in need of packaging to protect them during transportation from loss, shortage, damage and damage must be presented for transportation in a serviceable container that meets state standards or technical specifications, or, in established cases, in another serviceable container, ensuring their complete safety.
Agricultural products shipped by collective farms and consumer cooperative procurement organizations can be accepted for transportation in non-standard containers that ensure the safety of the cargo during transportation.
The cargo, which was presented by the consignor in a condition that does not comply with the rules of carriage, and was not brought to the proper condition by him in time, ensuring timely dispatch, is considered not presented.
53. The time of arrival of the car for loading is calculated from the moment the driver presents the waybill at the loading point, and the time of arrival of the car for unloading - from the moment the driver presents the waybill at the point of unloading.
If there are entry gates or checkpoints at loading and unloading points (except for railway stations), the time of arrival of the car for loading or unloading is calculated from the moment the driver presents the waybill or the waybill to the shipper or consignee at the entrance gate or at the checkpoint paragraph.
Loading and unloading is considered complete after the driver has received duly executed shipping documents for loaded or unloaded cargo.
The time it takes a car to travel from a gate or a checkpoint to the place of loading or unloading and back is excluded when calculating the time the car is under loading or unloading.
If the car arrives for loading earlier than the agreed time, the car is considered to have arrived for loading at the agreed time, if the shipper does not accept it for loading from the moment of actual arrival.
Consignors, consignees, railway stations, ports (wharves) and airports receiving or sending goods are obliged to mark in the waybills the time of arrival and departure of vehicles from their loading and unloading points.
The procedure for registration of marks on the time of arrival and departure of vehicles from the points of loading and unloading during the carriage of goods is established by the Rules, and when carrying out centralized delivery (removal) of goods at railway stations, to ports (at the pier) and airports - by the rules of centralized delivery of goods by road transport to railway stations, ports (at the pier) and airports in the RSFSR.
54. Consignors, consignees, railway stations, ports (wharves), airports are obliged to load and unload vehicles in a timely manner.
The timing of loading and unloading cargo on vehicles, as well as the timing of additional operations related to loading and unloading cargo, are established by the rules for the application of tariffs provided for in Article 100 of this Charter, and when loading or unloading cargo by railway stations, ports (wharves ) and airports - the rules for centralized delivery (export) of goods by road at railway stations, in ports (at the pier) and airports in the RSFSR.
Shippers, consignees, railway stations, ports (wharves) and airports should minimize the time of loading and unloading vehicles.
55. When transporting construction and other goods by road in bulk quantities, consignors and consignees are obliged to ensure the acceptance and release of goods daily in at least two shifts, including on weekends and holidays, not allowing these days to reduce the volume of loading and unloading operations.
In the case of centralized export of goods from railway stations, from ports (from wharves) and airports, consignees are obliged to accept the cargo arrived at their address from a motor transport company or organization within the time frame established by transport charters codes) of the relevant modes of transport or issued on the basis of their rules.
Road transport enterprises and organizations carrying out technological transportation of goods provide smooth operation serviced enterprises and organizations in accordance with the plan and the annual contract for the carriage of goods by road.
Drivers of vehicles engaged in technological transportation must be instructed and trained in accordance with the rules and regulations in force at the company being serviced.
56. Devices and auxiliary materials necessary for loading and transportation (trestles, racks, gaskets, trays, linings, wire, shield fences, etc.) must be provided and installed by the consignor and removed by the consignee.
Tarpaulins and ropes for sheltering and tying cargo are provided by the trucking company or organization with a tariff payment.
All devices belonging to the consignor are issued by the trucking company or organization to the consignee together with the cargo or returned to the consignor in accordance with his indication in the consignment note and at his expense.
57. Loading of goods onto a car, securing, sheltering and lashing of goods is carried out by the consignor, and unloading of goods from the car, removal of fasteners and coverings - by the consignee.
The driver is obliged to check the compliance of the stowage and securing of cargo on the rolling stock with the requirements of traffic safety and ensuring the safety of the rolling stock, as well as inform the consignor of any irregularities in the stowage and securing of cargo that threaten its safety. The consignor, at the request of the driver, is obliged to eliminate any irregularities in the stowage and securing of the cargo.
58. A road transport company or organization may, by agreement with the consignor or consignee, take over loading and unloading:
a) packaged, piece and rolled-barreled cargo delivered to trade enterprises and catering with a small turnover;
b) other cargoes if the transport company or organization has means of mechanization of loading and unloading operations. In this case, the annual contract for the carriage of goods by road should provide for conditions that ensure the maximum use of loading and unloading mechanisms, the obligation of the consignor to prepare the cargo in advance (stacking on pallets, in containers, etc.) and provide a place for parking and minor repairs loading and unloading mechanisms, as well as premises for workers.
59. At railway stations, in ports (at wharves) and airports, loading of goods onto a car and unloading of goods from a car are carried out by the forces and means of the station railroad, port (pier) and airport, with the exception of dangerous and liquid cargo at railway stations and hazardous cargo in ports (quays) and airports, the loading and unloading of which is carried out, respectively, by the consignor or consignee.
At a freight bus station, loading of goods onto a car and unloading goods from a car are carried out by the forces and means of the bus station.
60. When transporting goods in bulk quantities, consignors and consignees, as well as trucking companies and organizations, must provide in annual contracts for the carriage of goods by road for the performance of loading and unloading operations in a mechanized way, the introduction of progressive methods of performing these works. At points with a small cargo turnover, loading and unloading operations should be carried out using various means of the simplest mechanization.
61. The consignor and the trucking company or organization when transporting goods are obliged, within the limits of the volumes of goods specified in the order by the consignor (consignee), to load the rolling stock until its capacity is fully used, but not higher than its carrying capacity.
In case of mass transportation of lightweight cargo (including agricultural cargo), a trucking company or organization is obliged to increase the sides or take other measures to ensure an increase in the use of the carrying capacity of the rolling stock.
62. Upon delivery by the consignor and acceptance by a trucking company or organization of goods transported in bulk, in bulk, in bulk and in containers, the weight of these goods must be determined and indicated in the waybill.
Packaged and piece goods are accepted for transportation with an indication of the weight of the cargo and the number of packages in the bill of lading. The weight of packaged and piece goods is determined by the consignor before presenting them for transportation and is indicated on the packages. The total weight of the cargo is determined by weighing on a scale or calculating the weight of the packages using a stencil or standard. For individual loads, the weight can be determined by calculation, by measurement, by volumetric weight, or conventionally.
In cases where road transport enterprises and organizations carry out a centralized export of goods from railway stations, from ports (from wharves) and airports, the corresponding transport organizations are obliged to hand over the goods to transport companies and organizations with a check of the weight or number of places, as well as the condition of the goods. In this case, packaged and piece goods are issued with a check of the weight and condition of the cargo only in damaged areas.
An entry in the consignment note about the weight of the cargo, indicating the method of its determination, is made by the consignor.
63. Determination of the weight of the cargo is made jointly by the consignor and the trucking company or organization technical means the consignor, and at freight bus stations - jointly by the consignor and the transport company or organization with the technical means of the transport company or organization.
When transporting goods in covered cars and trailers, separate sections of vehicles, containers and tanks sealed by the shipper, the weight of the cargo is determined by the shipper.
64. Loaded covered cars and trailers, separate sections of vehicles, containers and tanks intended for one consignee must be sealed by the consignor, and small-piece goods in boxes, boxes and other containers must be sealed or banded.
The procedure for sealing cars, trailers, individual sections of cars, containers and tanks is established by the Rules.
In the case of centralized export of goods from railway stations, from ports (from wharves) and airports, the acceptance by road transport enterprises or organizations of goods from railway stations, ports (marinas) and airports is carried out according to the rules in force, respectively, in rail, water and air transport.
65. Delivery of goods to the consignee at the point of destination in terms of weight and number of pieces is made in the same order in which the goods were received from the consignor.
Cargoes that arrived in serviceable vehicles, trailers, separate sections of the vehicle, containers and tanks with intact shipper's seals are issued to the consignee without checking the weight and condition of the cargo and the number of packages.
66. At the point of destination, the trucking company or organization, upon delivery of the cargo, is obliged to check the weight, number of places and condition of the cargo in the following cases:
a) the arrival of cargo in a faulty body of a rolling stock or in a serviceable body, but with damaged seals or with seals of a passing truck station;
b) the arrival of a perishable cargo in violation of the delivery time of this cargo or the temperature regime established by the rules during transportation;
c) the arrival of cargo loaded by a trucking company or organization from the warehouse of a freight auto station;
d) delivery of cargo from the warehouse of the truck station.
In all cases, packaged and piece goods are issued by a trucking company or organization, checking the weight and condition of the cargo only in damaged areas. Upon detection of damage to the container, as well as other circumstances that may affect the condition of the cargo, the trucking company or organization is obliged to check the cargo in the damaged places according to the consignment notes with the opening of the damaged places.
In the absence of truck scales at the consignee, goods transported in bulk or in bulk, arrived without signs of shortage, are issued without checking the weight.
The weight of the cargo is considered correct if the difference in the weight of the cargo, determined at the point of departure, in comparison with the weight that turned out to be at the point of destination, does not exceed the norms established by the USSR State Committee for Standards, and the norms of natural loss of weight of this cargo, approved in the prescribed manner ( as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
On the rates of natural loss of certain goods during transportation
(see help)
67. The consignee and the transport company or organization are obliged to completely unload the cargo that has arrived at the consignee's address from the car.
After unloading the cargo, vehicles and containers must be cleared by the consignee of the remains of this cargo, and after the transportation of animals, poultry, raw animal products and perishable goods, the consignee is obliged to wash the rolling stock and, if necessary, disinfect it.
In the cases provided for by the Rules, washing and disinfection of vehicles and containers is carried out by the consignor.
A road transport company or organization may, in agreement with the consignor or consignee, take over for a fee the performance of washing and disinfection of cars and containers (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
68. If, when checking the weight, number of packages or the condition of the cargo at the destination point, shortage, damage or damage to the cargo is found, or if these circumstances are established by an act drawn up along the route, the trucking company or organization is obliged to determine the amount of actual shortage, damage or damage to the cargo ...
If it is necessary to carry out an examination, a motor transport company or organization, on its own initiative or at the request of the consignee, invites appropriate specialists.
See the Instruction on the procedure for conducting expert examinations, approved by
by order of the Main Department of the State Quality Inspection
69. Road transport enterprises and organizations are obliged to deliver goods for intercity transportation in a timely manner.
The terms of delivery of goods for intercity transportation and the procedure for calculating them are established by the Rules.
70. Road transport enterprises and organizations are obliged to transport goods along the shortest route open to the movement of road transport, except for cases when road conditions are more rational transportation with an increase in mileage.
Transportation of goods with an increase in mileage on roads on which regular intercity transportation is organized is allowed with the permission of the Ministry of Automobile Transport of the RSFSR, and on other roads - with the permission of the corresponding territorial association of road transport.
When accepting an order, a road transport company or organization is obliged to inform the consignor about the increase in the distance of transportation. In this case, the carriage charge is charged for the actual distance of transportation (as amended by the Resolutions of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 20.04.84 N 101).
71. When transporting goods in intercity traffic, road transport enterprises and organizations are obliged to deliver them to the warehouse of the consignee's apartment. The procedure for the delivery of goods to the warehouse of the consignee and payment for the delivery of goods is established by the Rules. Storage of goods in the warehouses of road transport enterprises and organizations, if provided by the Rules, is free of charge within one day from the moment the consignee is notified of the arrival of the goods. The maximum storage period for goods in the warehouses of transport companies and organizations is 30 days.
For storage of cargo for more than one day, a trucking company or organization collects from the consignee (consignor) a fee established by the tariffs.
After the expiration of the maximum storage period, the goods not claimed by the consignee are subject to sale in the manner prescribed by the Rules.
72. The road transport company or organization issues the cargo at the point of destination to the consignee indicated in the consignment note.
The receipt of the goods is certified by the signature and seal (stamp) of the consignee in three copies of the consignment note, two of which remain with the freight forwarder.
In urban and suburban transportation, in cases of the consignee's refusal to accept the cargo for reasons beyond the control of the transport company or organization, the cargo is forwarded by the consignor in the manner prescribed by the Rules to another consignee or returned to the consignor. In these cases, the cost of transporting the goods in both directions, as well as the penalty for the idle time of the car, are paid by the shipper. The consignee is obliged to make in the consignment note a note about the refusal to accept the goods, certified by a signature and a seal (stamp).
In case of intercity transportation, as well as in the case of centralized export of goods from railway stations, from ports (from wharves) and airports, the consignee is obliged to accept the cargo delivered to him from the trucking company or organization. In the event of the arrival of cargo, the delivery of which is not provided for by the plan (contract, order, order), the consignee accepts such cargo for safekeeping, which is indicated in the consignment note.
The consignee may refuse to accept the goods only if the quality of the goods due to damage or damage for which the trucking company or organization is responsible has changed so much that the possibility of full or partial use of the goods for their intended purpose is excluded.
If it is impossible to hand over the cargo to the consignee for intercity transportation for reasons beyond the control of the trucking company or organization, the consignor is obliged to give the trucking company or organization an indication of the new destination of the cargo in the manner prescribed by the Rules.
In the event that a trucking company or organization is unable to deliver the goods to a new destination, they can refuse this carriage, informing the consignor of this. In this case, the trucking company or organization returns the cargo to the shipper. The additional costs associated with this (running and idle time of the rolling stock, storage of cargo, etc.) are paid by the shipper.
If the perishable cargo transported in intercity traffic cannot be handed over to the consignee, and the consignor has not given instructions about the new consignee, the cargo may be handed over for sale to another organization (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
73. The amount received by the trucking company or organization for the cargo transferred to another organization, minus the amounts due to the trucking company or organization, is transferred:
a) to the consignee indicated in the consignment note - if he pays the cost of the goods;
b) to the consignor - in all other cases.
If it is impossible to transfer the specified amount to the consignee or the consignor, this amount, after the expiration of the period established for filing claims for goods not delivered to their destination, goes to the republican budget of the RSFSR.
In the event of a subsequent reimbursement to the consignor or consignee in a claim or claim procedure for the amount of the value of the cargo transferred to another organization, which has already been transferred to the income of the republican budget of the RSFSR, the motor transport company or organization pays this amount through regular transfers to the republican budget of the RSFSR.
Section IV Carriage of passengers, baggage and mail
Carriage of passengers and baggage
74. Enterprises and organizations of road transport should carry out the transportation of passengers and luggage in buses and cars, ensuring the safety of passengers when using road transport, the necessary amenities for passengers, their cultural service at bus stations (bus stations), in buses and cars, timely transportation and safety of passengers' luggage.
On improving the safety of intercity and international transportation of passengers and goods by road, see:
Regulations for the carriage of dangerous goods by road,
Motor transport enterprises and organizations of ministries, departments and executive committees of the Soviets of Working People's Deputies carry out the transportation of passengers and luggage provided for in Article 10 of this Charter in the manner established by the Rules for the carriage of passengers and luggage by road in the RSFSR, and at the current tariffs.
On the requirements for the contract for the carriage of passengers by road (see also the Civil Code of the Russian Federation)
75. Under the contract for the carriage of a passenger, the transport company or organization undertakes to transport the passenger to the point of destination, and in the case of the passenger's baggage, also to deliver the baggage to the destination and issue it to the person entitled to receive the baggage; the passenger undertakes to pay the established fare, and upon check-in of baggage - also for the transportation of baggage.
76. For the performance of urban, suburban, intercity and inter-republican passenger transportation, urban, suburban, intercity and inter-republican bus routes are organized, respectively.
Organization of new routes is carried out:
a) urban and suburban - territorial associations of road transport in agreement with the executive committees of city and regional Councils of People's Deputies;
b) intercity:
within a region, territory, autonomous republic by territorial associations of road transport in agreement with the relevant Councils of Ministers of the autonomous republics or with the executive committees of the regional (territorial) Councils of People's Deputies;
between regions - by the Ministry of Motor Transport of the RSFSR;
c) inter-republican - by the Ministry of Motor Transport of the RSFSR in agreement with the motor transport authorities of other union republics.
New routes can be organized if the condition of the roads and their arrangement meet the requirements of traffic safety.
The movement of buses and taxis on the routes is organized according to the schedule.
The procedure for approving the timetable for buses and fixed-route taxis is established by the Rules for the Carriage of Passengers and Luggage by Road in the RSFSR (as amended by Resolutions of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253; dated 20.04.84 N 101).
77. At the initial, final and intermediate stopping points of city and suburban bus routes, for the information of passengers, signs of bus intervals by periods of the day and route schemes are posted.
At stopping points of suburban routes with intervals of more than 20 minutes, the timetables of arrival and departure of buses for this stopping point are posted.
At bus stations (bus stations) and in car pavilions of intercity bus routes, bus schedules for all routes, tables of the cost of travel for passengers and baggage, layouts of various types of buses, the main provisions of the Rules for the carriage of passengers and luggage by road in the RSFSR are posted for information of passengers, and also announcements about the start and end times of the cash desks.
78. Each passenger must have a ticket to travel in a bus and a shuttle bus, as well as to carry baggage.
A road transport company or organization is obliged to ensure the sale of a ticket to a passenger in the manner prescribed by the Rules for the carriage of passengers and baggage by road in the RSFSR. On intercity buses, the trucking company or organization must provide passengers with seating.
Forms of tickets and other travel documents, the procedure for selling and using them, their expiration date are established by the Ministry of Road Transport of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR of November 28, 1969 N 648).
79. For the passage of passengers and baggage on intercity routes, motor transport enterprises and organizations sell tickets at all stopping points at the box office or, in exceptional cases where ticket sales are not organized, through drivers (conductors).
For travel on intercity buses at the initial, final and largest stopping points, tickets are pre-sold.
80. Luggage storage at bus stations (bus stations) accept hand luggage from passengers, regardless of the presence of travel documents.
It is prohibited to accept and hand over to storage rooms flammable, explosive, poisonous, poisonous, caustic and fetid substances.
The opening hours of the hand luggage storage rooms are set by the transport company or organization, depending on the timetable for buses and route taxis, as well as on local conditions.
81. The passenger has the right:
a) purchase a ticket for any bus and fixed-route taxi in the manner prescribed by the Rules for the carriage of passengers and luggage by road in the RSFSR;
b) carry one child under the age of 7 years (on intercity routes - one child under the age of 5), free of charge in buses of city and suburban routes and in fixed-route taxis, if he does not occupy a separate seat;
c) carry hand luggage with you free of charge in buses of city, suburban and intercity routes, as well as route taxis in the sizes established by the Rules for the carriage of passengers and luggage by road in the RSFSR;
d) carry with you for a fee at the established tariffs luggage in the amount provided for by the Rules for the carriage of passengers and luggage by road in the RSFSR;
e) check in luggage for carriage in intercity traffic in luggage cars on the lines established by the Ministry of Motor Transport of the RSFSR;
f) if you miss the bus (taxi) within 3 hours, and due to illness or an accident - within 3 days from the departure of the bus (taxi) for which the ticket was purchased, renew travel documents with an additional payment of 25 percent of the ticket price, or receive back, in the manner prescribed by the Rules for the carriage of passengers and luggage by road in the RSFSR, the fare minus 25 percent of the ticket price;
g) when returning the ticket to the ticket office of the bus station (bus station) no later than 2 hours before the departure of the bus (minibus), receive the full fare minus the fee paid by him for the preliminary sale, and when returning the ticket later than this period, but before the bus leaves ( taxi), receive the fare minus 15 percent of its cost and the pre-sale fee paid by it;
h) upon termination of a trip in intercity traffic due to illness or an accident, receive the fare for the distance not traveled (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
81.1. Enterprises and organizations of public road transport sell tickets to enterprises and institutions upon their preliminary requests for the transportation of certain groups of passengers in buses of suburban and intercity communications on regularly operating routes.
When enterprises, organizations and institutions return travel documents purchased by them at the indicated applications to the cashier of bus stations (bus stations) in less than 7 days, but no later than 3 days before the departure of the bus, 10 percent of the fare will be withheld, and if the travel documents are returned later than 3 days before the departure of the bus, 20 percent of the fare is withheld.
Withholding of amounts from the fare, regardless of the timing of the return of travel documents (but before the departure of the bus), is not made if the departure of the bus specified in the ticket is canceled or its departure from the point of departure of passengers is delayed by more than one hour, in case of a failed departure of passengers due to failure to provide them with the seats indicated on the ticket and disagreement to use other seats if the passenger is sick.
Acceptance from enterprises, organizations and institutions of applications for the sale of tickets for the carriage of certain groups of passengers, as well as the payment of the cost of travel documents returned by them, shall be carried out in the manner established by the Ministry of Road Transport of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
82. The passenger has the right to return the ticket to the ticket office before the departure of the bus (fixed-route taxi) on the flight and get back the full fare and the pre-sale fee paid by him in the following cases:
a) late departure of the bus (taxi) against the schedule by more than one hour;
b) providing a passenger with a seat on a bus (taxi) of a lower class than the one for which the ticket was sold to him;
c) failure to provide the passenger with the seat indicated on the ticket.
If the passenger agrees to travel in a bus (fixed-route taxi) of a lower class, the difference between the amount paid and the fare due for travel is returned to him.
If instead of the scheduled bus (fixed-route taxi), a bus (taxi) is provided with a higher fare, then passengers who purchased tickets before the announcement have the right to travel on these tickets without surcharge. From the moment of the announcement of the change of the type of the taxi bus), tickets are sold at a set higher tariff with a corresponding warning to passengers.
83. Refunds in the cases stipulated by Articles 81 and 82 of this Charter are made in the manner prescribed by the Ministry of Road Transport of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
84. At the bus station (bus station) and at other transport companies and organizations there must be a book of complaints and suggestions, which is issued at the first request of the passenger.
The head of a motor transport company or organization is obliged to consider the complaint or proposal received from the passenger within three days and notify the applicant in writing about the results of the consideration and the measures taken.
Complaints that do not require additional verification are resolved without delay.
85. The procedure for the carriage of hand luggage and luggage in buses and taxis is established by the Rules for the carriage of passengers and luggage by road in the RSFSR.
86. A baggage check is issued to the passenger as evidence of baggage acceptance for carriage.
The passenger has the right to declare its value with payment of the established fee when checking in baggage for carriage.
The baggage is handed over to the bearer of the baggage receipt at the destination; a luggage storage fee will be charged.
87. Flammable, explosive, poisonous, poisonous, caustic and foul-smelling substances, as well as cargo that contaminate the rolling stock or passengers' clothes, are not allowed to be carried in luggage and as carry-on luggage.
88. Baggage accepted for carriage separately from the passenger must be delivered to the point of destination no later than the day the passenger arrives at this point according to the schedule.
89. Baggage not claimed by the passenger is stored by the transport company or organization at the destination.
Baggage not claimed within 30 days is subject to transfer to local trading organizations for sale in accordance with the procedure established by the Rules for the carriage of passengers and baggage by road in the RSFSR. The bearer of the baggage check, within six months from the date of sale of the baggage, has the right to receive the amount paid to the transport company or organization for the unclaimed baggage transferred to the trading organizations, minus the amounts due to the transport company or organization.
90. Enterprises and organizations of public road transport may provide, under contracts, enterprises and organizations of ministries and departments with buses for transporting workers to the place of work and back with payment at tariffs.
90.1. Enterprises and organizations of public road transport organize, under contracts with industrial enterprises and construction organizations, residential areas and production facilities of which are remote from the general lines of urban passenger transport, special bus routes for employees of these enterprises and organizations with coverage additional costs in case of unprofitable operation of such routes at the expense of the specified industrial enterprises and construction organizations.
A model contract for the organization of special bus routes is approved by the Ministry of Road Transport of the RSFSR in agreement with the State Planning Committee of the RSFSR and the State Arbitration Court under the Council of Ministers of the RSFSR.
The executive committees of the Soviets of People's Deputies provide assistance industrial enterprises, construction organizations, as well as enterprises and organizations of public motor transport in the organization of special bus routes (as amended by the Resolution of the Council of Ministers of the RSFSR of 16.05.80 N 253).
Mail transportation
91. The carriage of mail is carried out by motor transport enterprises and organizations in specialized vehicles, as well as in shuttle buses or cars and trucks under contracts concluded by motor transport enterprises and organizations with communication enterprises.
92. The rolling stock of road transport, allocated specifically for the carriage of mail, must be used strictly for its intended purpose in accordance with the plan and schedule of mail transportation.
It is prohibited to carry unauthorized persons not related to this carriage in vehicles specially designated for the carriage of mail.
93. Loading and unloading, as well as escorting mail and its safety along the route are provided by the forces and means of communications enterprises.
By agreement of transport enterprises and organizations with communication enterprises, maintenance and safety of mail along the route can be provided by transport enterprises and organizations.
94. Carriage and mail escort are paid according to tariffs.
95. The responsibility of road transport enterprises and organizations for the loss, damage or delay of the transported mail is determined by the Communication Charter of the USSR.
96. The rules for the carriage of mail by road in the RSFSR are approved by the Ministry of Communications of the USSR in agreement with the Ministry of Road Transport of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
Section V Car rental
97. Enterprises and organizations of public motor transport provide citizens with a temporary use of cars under a rental agreement for a fee, the amount of which is determined by tariffs.
On the rental of vehicles (see also the Civil Code of the Russian Federation)
98. A motor transport company or organization is obliged to rent cars in a condition that meets the rules for the technical operation of cars.
99. The conditions and procedure for the provision of cars for rent are determined Model contract car rental in the RSFSR, approved by the Council of Ministers of the RSFSR. Derogations from the specified Standard Agreement, which limit the rights of users, are invalid.
Section VI Tariffs and calculations for transportation
By the letter of the State Committee of the Russian Federation dated August 31, 1993 N 01-17 / 1107-15 and the Ministry of Transport of the Russian Federation dated October 4, 1993 N BA-2/636, the Temporary Procedure for the Establishment and Application of Tariffs for the Carriage of Goods by Road in the Russian Federation was announced
100. Tariffs for the carriage of passengers and luggage by road, as well as for the use of cars for rent, are approved by the Council of Ministers of the RSFSR.
Tariffs for the carriage of goods and mail by road, as well as for freight forwarding services provided by road transport enterprises and organizations to the population, enterprises, organizations and institutions, are approved by the State Committee of the RSFSR on prices.
Tariffs for inter-republican road transport are established by agreement with the Councils of Ministers of the respective union republics.
The rules for the application of tariffs are approved by the Ministry of Motor Transport of the RSFSR in agreement with the Ministry of Finance of the RSFSR and the State Committee of the RSFSR on prices (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
101. Settlements with trucking companies and organizations for the carriage of goods and other payments related to these carriage are made by the consignor (consignee) in the manner prescribed by the Rules.
See the Instruction on the procedure for settlements for the carriage of goods by road, approved by the USSR Ministry of Finance, the USSR State Bank, the Central Statistical Office under the USSR Council of Ministers, the RSFSR Ministry of Transport November 30, 1983 NN 156, 30, 354/7, 10/998
102. In the case of centralized transportation of goods, all settlements with a trucking company or organization for transportation, forwarding and other transportation-related operations and services are made by the consignor or consignee. At the same time, in established cases, the amounts paid to road transport enterprises and organizations for the specified transportation, operations and services are either included by the consignors in the invoices for the released products, or are retained by the consignees when paying the consignors' invoices for the products received.
103. Payments due to motor transport enterprises and organizations for the carriage of goods, as well as for loading and unloading, transport and forwarding operations and other services are made upon receipt of an order for transportation by checks of the USSR State Bank, payment orders accepted by the bank, and in some cases - in cash in accordance with the rules of the USSR State Bank.
In the same manner, shippers and consignees make payments to transport companies and organizations that carry out centralized delivery (export) of goods at railway stations, ports (at the pier) and airports with the performance of forwarding operations and services, payments paid by transport companies and organizations for consignors and consignees to the respective modes of transport for transportation, handling, storage and other services and operations.
In annual contracts for the carriage of goods by road, by agreement of the parties, calculations may be provided for with planned payments in the manner established by the Ministry of Road Transport of the RSFSR in agreement with the Russian Republican Office of the State Bank of the USSR.
Until the payment of the carriage charge, road transport companies and organizations do not accept cargo for transportation.
As an exception, goods may be accepted for carriage by a trucking company or an organization prior to payment of the carriage charge upon permission of a higher authority in relation to them. In cases of late payment of the carriage charge, the consignor (consignee) shall be charged in addition to the carriage charge 0.5 percent of the amount of payments for each day of delay in the payment of the carriage charge.
If the trucking company or organization has not started to fulfill the order within three days, the freight charge received during its registration must be returned to the consignor or consignee within the time limits established by the Rules.
In case of untimely refund of the carriage charge for the failed carriage of goods, the trucking company or organization shall pay the shipper or consignee a fine of 0.5 percent of the amount of payments for each day of delay.
The final payment for the carriage of goods is made by the consignor or consignee on the basis of the invoice of the transport company or organization. The basis for issuing an invoice for the transportation carried out are consignment notes or acts of measurement or acts of weighing the goods, and for the use of cars paid for at the time rate - data of waybills certified by the consignor or consignee.
The Ministry of Road Transport of the RSFSR, in agreement with the Russian Republican Office of the State Bank of the USSR, may establish other forms of payments for the carriage of goods, as well as for loading and unloading, forwarding operations and other services (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).
104. Payments of motor transport enterprises and organizations with enterprises, organizations and institutions for the buses and cars provided to them are made in the manner established by the Ministry of Motor Transport of the RSFSR, in agreement with the Russian Republican Office of the State Bank of the USSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
Section VII Direct mixed traffic with the participation of other modes of transport
105. Public road transport carries out transportation of goods, passengers and baggage in close cooperation with other modes of transport - rail, sea, river and air, organizing a system of direct mixed communications:
Road-rail,
Automotive-water,
Automobile-water-railroad,
Automotive, air and other communications.
Transportation in direct mixed traffic is carried out according to a single transport document drawn up for the entire route.
106. The carriage of goods in direct mixed traffic is carried out on the basis of this section of the Charter and the rules for the carriage of goods in direct mixed traffic, approved by the Ministry of Road Transport of the RSFSR jointly with the relevant transport ministries and departments.
In the part not provided for by this section of the Charter and the specified rules, for the carriage of goods in direct mixed traffic, the norms of charters, codes, rules and tariffs governing carriage by the corresponding mode of transport are applied.
Transportation of passengers and baggage in direct mixed traffic is carried out on the basis of special agreements between the Ministry of Motor Transport and Highways of the RSFSR with the relevant transport ministries and departments (as amended by Resolution of the Council of Ministers of the RSFSR dated November 28, 1969 N 648).
107. Direct mixed freight traffic includes:
a) motor transport enterprises and organizations located on the territory of the RSFSR - according to the list established by the Ministry of Automobile Transport of the RSFSR, and those located on the territories of other union republics - according to the lists established by the authorities of the motor transport of these republics;
b) all railway stations open for freight traffic operations;
c) seaports - according to the list established by the Ministry navy;
d) river ports and wharves located on the territory of the RSFSR, according to the list established by the Ministry of River Fleet of the RSFSR, and located in the territories of other union republics - according to the lists established by the river transport authorities of these republics;
e) airports of the civil air fleet - according to the list established by the Ministry of Civil Aviation.
Motor transport enterprises and organizations, ports, marinas and airports are considered included in a direct mixed message from the moment of telegraphic notification of this (with subsequent publication in the collections of transportation rules and tariffs of transport ministries and departments) (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648 ).
108. Cargoes in direct mixed traffic are accepted for carriage according to the plan approved in accordance with the established procedure.
The Ministry of Road Transport of the RSFSR and other transport ministries and departments may, by agreement among themselves, accept cargo for transportation in direct mixed traffic in excess of the plan.
Acceptance for transportation and shipment from transshipment points of goods transported by small consignments in direct mixed traffic is carried out upon presentation, with their sub-sorting in cases stipulated by the rules for the carriage of goods in direct mixed traffic, when transferring to the railway - at a cargo sorting station, when transferring to automobile, water and air transport - respectively at motor transport enterprises and in organizations, in ports (at wharves) and at airports (as amended by Resolution of the Council of Ministers of the RSFSR of November 28, 1969 N 648).
109. At transshipment points, transport enterprises and organizations are obliged to ensure uninterrupted and uniform supply of cars, wagons and ships for loading transshipment cargo, to widely develop transshipment of cargo from one mode of transport to another by direct option (without unloading into a warehouse).
Transshipment plans are developed and approved in accordance with the procedure established by the rules for the carriage of goods in direct mixed traffic. Enterprises and organizations of the Ministry of Automobile Transport of the RSFSR and other transport ministries and departments are obliged to compensate for the failure to present or underload cargoes allowed on certain days of the first or second half of the month, respectively, on the subsequent days of this half of the month (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
110. Cargoes in need of packaging to protect them from loss, shortage, damage and damage during transportation in direct mixed traffic must be presented in a serviceable container, ensuring their safety during transshipment and following in cars, wagons, ships and other vehicles.
The conditions for packing goods transported in direct mixed traffic must be provided for in state standards.
111. Cargo transported in bulk, timber following waterways in rafts, as well as explosive and potent toxic substances are not accepted for carriage in direct mixed traffic.
The list of perishable, hazardous, light-combustible cargo, cargo that requires escort of consignors or consignees, as well as the conditions for the carriage of timber cargo in bulk in direct mixed traffic, accepted for transportation in direct mixed traffic, are jointly established by the relevant transport ministries and departments.
112. Weighing of goods traveling in direct mixed traffic is carried out at transshipment points when they are transferred from road transport to rail, water and air or vice versa by means of railways, ports (wharves) or airports at the request of the party receiving the goods.
Packaged and piece goods accepted for carriage according to the standard weight or weight indicated by the consignor on each package, and arriving at the transshipment point in a serviceable container, are transferred from one mode of transport to another without weighing, according to the number of places and in the same manner, are handed over to the consignee at the destination.
113. Transportation of goods in containers by the Ministry of Road Transport of the RSFSR, the Ministry of Railways, the Ministry of the Navy, the Ministry of the River Fleet of the RSFSR and the authorities of road and river transport of other union republics in direct mixed traffic is carried out between the points established by the relevant transport ministries and departments.
The rules for the carriage of goods in containers and the terms of container turnover are established jointly by the relevant transport ministries and departments.
For the delay of containers beyond the established time limits, transport companies and organizations, railways and shipping companies pay a fine of 2 rubles. for every day of delay of a container with a gross weight of more than 5 tons and 30 kopecks for every day of delay of a container with a gross weight of 5 tons or less (as amended by Resolutions of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 17.09.74 N 510).
114. Transshipment works are performed:
a) when reloading goods from wagons and warehouses to cars, as well as from cars to wagons and warehouses - by rail;
b) when reloading goods from ships and warehouses to cars, as well as from cars to ships and warehouses - by the port (pier);
c) when reloading goods from airplanes and warehouses to cars, as well as from cars to airplanes and warehouses - by the airport.
115. The operating conditions of the transshipment points are determined by the nodal agreement concluded by a motor transport company or organization with a railway, shipping company (port) and airport for three years.
The procedure for the development and conclusion of nodal agreements is established by the rules for the carriage of goods in direct mixed traffic.
116. The head of a motor transport enterprise or organization, the head of the station, the head of the port (quay), by mutual agreement, may thicken the supply of cars and wagons and present cargo in amounts exceeding the daily transshipment rate.
117. The terms of delivery of goods are determined by the aggregate of the terms of delivery by road and other types of transport and are calculated on the basis of the rules for calculating the time of delivery of goods in force for these types of transport.
118. Payments between road transport enterprises or organizations, railways and shipping companies for the carriage of goods in direct mixed traffic are carried out:
For payments and fees included in the shipping documents - without acceptance;
For all other fees and fines - in an acceptance procedure on invoices on a general basis.
119. Accounting for the fulfillment of the planned transshipment rate is carried out separately for cargo transferred from road to another type of transport, and for cargo transferred from another type of transport to road.
The forms of registration cards and the procedure for their preparation are established jointly by the relevant transport ministries and departments.
120. For non-fulfillment of the plan for transshipment of goods, transport enterprises and organizations, railways and enterprises of other types of transport bear material responsibility.
Road transport enterprises and organizations are responsible for non-compliance with the daily rate for the export of goods and their presentation for transshipment.
Motor transport enterprises and organizations, railways and enterprises of other types of transport are exempted from liability for failure to fulfill the average daily rate of cargo transshipment on certain days:
a) with a corresponding overfulfillment of the transshipment rate on the previous days of the month as a result of thickening of the transshipment;
b) upon replenishment during the first or, respectively, the second half of the month, underloading or failure to supply wagons according to the transshipment plan, allowed on certain days of this half of the month.
On the increase in the size of fines for the carriage of goods by road (see reference)
121. For non-fulfillment of the plan for transshipment of goods in direct mixed traffic, road transport enterprises and organizations, railways, ports (wharves) and airports pay a fine of 10 kopecks per ton.
122. Responsibility for the safety of the cargo until the moment of actual transfer lies with the delivering party, and after the actual transfer - with the receiving side.
The responsibility of road transport enterprises and organizations, railways and enterprises of other types of transport for the safety of goods accepted for transportation in direct mixed traffic is determined by the charters (codes, rules) in force for the corresponding mode of transport.
When establishing the guilt of road transport enterprises and organizations, railways, shipping companies and airports in the loss, shortage, damage or damage to cargo, road transport companies and organizations, railways, shipping companies and airports, respectively, bear responsibility.
123. Payment for the carriage of goods in direct mixed road-rail traffic shall be collected in the following order:
a) for shipments from road transport enterprises and organizations: at the point of departure - for the length of the entire road route and at the point of destination - for the length of the railway track;
b) for shipments from the railway: at the station of departure - for the length of the railway track of all railways participating in the transportation, and at the point of destination - for the length of the entire road.
Carriage charges and other charges due to the transport company or organization are not included in the shipping documents and are collected from the consignor or consignee directly from the accounts of road transport companies and organizations.
Fees for the carriage of transshipment goods by road from the port (from the pier) to the station or back are included by the station in the amount of payments due to the railway, and settlements with the trucking company or organization for these transportation are made by the railway.
Payment for the carriage of goods in direct mixed road-water, road-air and road-water-air communications shall be collected in the manner determined by the rules for the carriage of goods in direct mixed traffic, approved in accordance with Article 106 of this Charter.
Section VIII Freight forwarding operations and services provided by enterprises and organizations of public road transport
About transport expedition (see also the Civil Code of the Russian Federation)
124. Enterprises and organizations of public road transport perform for enterprises, organizations, institutions and the population operations and services related to transportation (freight forwarding operations and services) in the delivery of goods both in direct road communication and in mixed road-rail, road - water, road - air communication.
Transport and forwarding services to collective farms, state farms and other state agricultural enterprises and organizations on the territory of the RSFSR are also carried out by transport enterprises of the State Committee of the RSFSR for production and technical support of agriculture.
The executive committees of the Soviets of People's Deputies are obliged to allocate to motor transport enterprises and organizations that provide transport and forwarding services to the population, the production and storage facilities necessary for their activities (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
125. The list of freight forwarding operations and services carried out by enterprises and organizations of public road transport, as well as the procedure for carrying out these operations and services, are established by the rules provided for in paragraphs "a" and "e" of Article 6 of this Charter.
Section IX Liability of road transport companies and organizations, consignors, consignees and passengers, as well as citizens using rental cars. Acts, claims and claims
On liability for administrative offenses in transport and in the field of road facilities and communications (see Chapter 10 of the RSFSR Code on administrative offenses dated June 20, 1984)
General Provisions
126. Road transport enterprises and organizations, consignors, consignees and passengers, as well as citizens using rental cars, bear material responsibility for violation of obligations arising from the transportation of goods, passengers and luggage and car rental, on the basis of this Charter.
Any agreements between road transport companies and organizations with shippers, consignees and passengers, as well as with citizens using rental cars, with the aim of changing or eliminating the responsibility assigned to road transport enterprises and organizations, consignors, consignees and passengers, as well as citizens using cars provided for rent are considered invalid, and any notes about this in the waybills, in the goods transport and other documents not provided for by this Charter or the Rules are invalid.
The Civil Code does not limit the possibility of changing the liability in the contract of carriage
Responsibility for failure to fulfill the transportation plan and a one-time order accepted for execution, for delays in delivery and for failure to preserve the transported goods and baggage, as well as for failure to fulfill the obligations assumed for transport and forwarding services (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253)
127. For non-fulfillment of the transportation plan and a one-time order accepted for execution, road transport companies and organizations, consignors and consignees bear mutual financial responsibility.
A trucking company or organization for non-removal of cargo in the amount provided for in a ten-day schedule for transportation or in a one-time order accepted for execution shall pay the shipper (consignee) a fine in the amount of 20 percent of the cost of transportation of the unshipped cargo.
The consignor (consignee) for failure to present for carriage of goods in the amount provided for in the ten-day planned task for transportation or in a one-time order accepted for execution, pays to the trucking company or organization a fine in the amount of 20 percent of the cost of transportation of the undelivered cargo.
The cost of transportation of undeclared or not transported cargo is determined based on the tariffs and the average distance of transportation.
The fulfillment of the transportation plan is recorded in the registration card, which is signed by the transport company or organization and the consignor (consignee).
The form and rules for drawing up an account card are approved by the Ministry of Motor Transport and Highways of the RSFSR.
At the end of the month, but no later than the 10th day of the next month, the trucking company or organization informs the consignor (consignee) of the calculation of the amount of the fine due to the trucking company or organization and the consignor to the consignee) for failure to fulfill the transportation plan.
The amount of the fine due to the motor transport company or organization and the consignor (consignee) is payable within five days (as amended by the Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648).
On the increase in the size of fines for the carriage of goods by road (see reference)
127.1. For the failure of the transport company to provide containers provided for planned target or accepted for execution by a one-time order, as well as for the non-use by the consignor of the supplied containers or for refusal from the containers provided for by the ten-day plan task or accepted for execution by the one-time order, the guilty party shall pay a fine in the amount of:
30 rubles for a container with a gross weight of 30 tons,
20 rubles for a container with a gross weight of 20 tons,
10 rubles for a container with a gross weight of 10 tons,
5 rubles for a container with a gross weight of 5 tons,
3 rubles per container with a gross weight of 3 tons,
1 ruble 50 kopecks per container with a gross weight of less than 3 tons
(as amended by the Resolution of the Council of Ministers of the RSFSR dated 09.17.74 N 510).
On the carrier's liability for failure to provide vehicles and the sender for non-use of the vehicles supplied (see also the Civil Code of the Russian Federation)
128. With the centralized delivery (export) of goods at railway stations, ports (at the pier) and airports, motor transport enterprises and organizations, railways, ports (wharves) and airports are mutually liable for non-fulfillment of the daily traffic volumes agreed between them in the manner and in the amount stipulated by the rules of centralized delivery (export) of goods by road at railway stations, in ports (at the pier) and airports in the RSFSR.
128.1. A motor transport enterprise or organization for non-fulfillment of transport and forwarding operations and services accepted under a contract or a one-time order for execution shall pay to the consignor (consignee), as well as to the citizen, a fine of 20 percent of the cost of unfulfilled transport forwarding operations and services (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05 .80 N 253).
On the increase in the size of fines for the carriage of goods by road (see reference)
129. For late delivery of cars, the work of which is paid at piece-rate or exceptional rates, to the point of first loading against the agreed time, the trucking company or organization pays the consignor to the consignee) a fine of 8 kopecks for each minute of delay, but not more than 5 rubles for each case of untimely car supply in addition to sanctions for non-fulfillment of the transportation plan (as amended by Resolution of the Council of Ministers of the RSFSR dated 05.16.80 N 253).
130. If the trucking company or organization fails to provide trucks and buses, the work of which is paid at a time rate, in the amount specified in the contract or accepted for execution by a one-time order, or if the delivery of these vehicles and buses is late, the trucking company or organization pays to the consignor to the consignee), as well as an enterprise or organization - a bus customer 10 percent of the cost of use trucks and buses, based on the time of use specified in the contract or order.
If the consignor (consignee), as well as the enterprise or organization - the customer of the buses, refuses to fully or partially use trucks and buses, the work of which is paid according to the time schedule, in the amount specified in the contract or accepted for execution by a one-time order, the consignor (consignee), and Also, an enterprise or organization - the customer of buses pays to the transport company or organization 10 percent of the cost of using trucks and buses, based on the time of use specified in the contract or order (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
131. A road transport company or organization and a consignor are exempt from payment of a fine for non-fulfillment of the transportation plan or a one-time order accepted for execution, if it happened due to:
a) natural phenomena (drifts, floods, fires, etc.);
b) an accident at the enterprise, as a result of which the work of the enterprise was terminated for a period of at least three days;
c) temporary suspension or restriction of the carriage of goods by road, made in the manner prescribed by Article 20 of this Charter.
132. Road transport enterprises and organizations are responsible for the safety of the cargo from the moment of its acceptance for transportation and until it is issued to the consignee or until transfer according to the Rules to other enterprises, organizations, institutions, unless they prove that the loss, shortage, damage or damage to the cargo occurred due to circumstances, which they could not prevent and the elimination of which did not depend on them, in particular due to:
a) the fault of the consignor (consignee);
b) special natural properties of the transported cargo;
c) defects in containers or packaging that could not be noticed by their appearance when accepting the goods for transportation, or the use of containers that do not meet the properties of the goods or established standards, in the absence of traces of damage to the container in transit;
d) delivery of the cargo for transportation without specifying its special properties in the shipping documents requiring special conditions or precautions to preserve the cargo during transportation or storage;
e) delivery for transportation of cargo, the moisture content of which exceeds the established norm.
133. Road transport enterprises and organizations are exempt from liability for loss, shortage, damage or damage to cargo in cases where:
a) the cargo arrived in a serviceable vehicle (container) with serviceable seals of the consignor, and piece goods - with serviceable protective markings, parcels, seals of the consignor or manufacturer;
b) the shortage, damage or damage occurred due to natural causes associated with the carriage of goods on open rolling stock;
c) the cargo was transported accompanied by the forwarder of the consignor (consignee);
d) the shortage of cargo does not exceed the norms of natural loss.
In these cases, the trucking company or organization is liable for the failure to preserve the cargo if the claimant proves that the loss, shortage, damage or damage to the cargo was caused by the fault of the transport company or organization.
The Civil Code does not provide for the release of the carrier from liability if the packaging and seals are in good condition or if there are other signs indicating the safety of the cargo
134. If mass homogeneous goods transported in bulk, in bulk or in bulk according to different consignment notes from one consignor to the address of one consignee are depersonalized in the process of transportation, then natural decline calculated on the basis of the total weight of all cargo impersonal in transit.
The shortage or surplus of cargo transported in bulk, in bulk or in bulk with transshipment or transshipment along the way, shipped by one consignor to the address of one consignee and arrived in serviceable rolling stock without signs of shortage on the way, are determined by the results of checking the entire batch of simultaneously issued cargo.
About compensation for damage caused during the carriage of goods (see the Civil Code of the Russian Federation)
135. Road transport companies or organizations shall compensate for damage caused during the carriage of goods in the following amounts:
a) for the loss or shortage of cargo - in the amount of the actual value of the lost or missing cargo;
b) for damage to or damage to the cargo - in the amount of the amount by which its value has decreased;
c) for the loss of cargo handed over for carriage with a declared value - in the amount of the declared value, unless it is proved that it is lower than its actual value.
Road transport enterprises and organizations, along with compensation for the established damage associated with the loss, shortage, damage or damage of the transported cargo, shall return, in the manner prescribed by the Rules, the freight charge collected for the carriage of the lost, missing, spoiled or damaged cargo, if this fee is not included in the price of the cargo.
If a trucking company or an organization uses any goods accepted for transportation for their needs, the persons guilty of this are brought to justice in the prescribed manner, and the trucking company or organization reimburses the cost of the goods in double amount (as amended by the Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253).
136. The cost of the cargo is determined based on the total amount of the consignor's invoice.
The road transport company or organization reimburses the shipper (consignee) for claims for the value of lost, missing, damaged or damaged goods on the basis of the consignor's invoice, and in cases where payments for the cargo through the bank are not made, on the basis of another document replacing the invoice. If the consignor (consignee) is obliged to pay value added tax for the lost, missing, damaged or damaged cargo, and the consignor's invoice is issued at prices without tax, the corresponding amount of value added tax, confirmed by a certificate from the financial authority, is added to the invoice amount by the claimant.
In the case of intra-system transportation of goods, settlements for which between the consignor and the consignee are made at prices without turnover tax, and for the sale of which turnover tax is paid to the budget, consignees can submit to the trucking company or organization, instead of a certificate from the financial authority, an extract from the price list of wholesale prices of industry with tax from the turnover.
The value of goods belonging to citizens is determined according to state retail prices in force at the place and time where and when the goods were to be delivered.
137. For delays in the delivery of goods in intercity transportation, trucking companies and organizations pay a fine to consignees in the amount of 15 percent of the carriage charge for each day of delay, if they do not prove that the delay was not their fault.
The total amount of the fine for late delivery cannot exceed 90 percent of the carriage charge (as amended by the Resolution of the Council of Ministers of the RSFSR of 18.11.88 N 474).
138. Road transport enterprises and organizations are financially responsible for the loss, shortage, damage or damage to baggage accepted for carriage, as well as for delay in delivery of it, if they do not prove that the loss, shortage, damage or damage, as well as delay occurred not by their fault.
For the loss and shortage of baggage, the transport company or organization is liable in the following amounts:
a) baggage accepted for carriage with a declared value - in the amount of the declared value, unless it is proved that it is lower than its actual value;
b) baggage accepted for carriage without declaring its value - in the amount of the cost of the lost or missing baggage. In cases where the cost of baggage cannot be determined, the trucking company or organization is liable in the amount stipulated by the tariffs.
For damage and damage to luggage, the trucking company or organization pays the amount by which the value of the luggage has decreased.
For a delay in the delivery of baggage, a trucking company or organization pays a fine in the amount of 10 percent of the carriage charge for each day, counting less than a day for the full, but not more than 50 percent of the carriage charge.
The delay in baggage delivery is calculated from 24 hours of the day on which the baggage should arrive.
Payment of a fine for late delivery of baggage is made by a transport company or an organization upon baggage claim on the basis of an act drawn up at the request of the passenger.
Taking care of the integrity and safety of hand luggage carried by a passenger with him lies with the passenger.
139. The consignor and the consignee have the right to consider the cargo lost and demand compensation for the loss of the cargo if this cargo was not issued to the consignee at his request: for urban and suburban transportation within 10 days from the date of receipt of the cargo, for intercity transportation within 30 days after delivery time, and for transportation in direct mixed traffic - after four months from the date of acceptance of the goods for transportation.
140. If the cargo or baggage, for the loss or shortage of which the trucking company or organization has paid appropriate compensation, is subsequently found, the consignee (consignor) has the right to demand the release of this cargo or baggage, returning the compensation received for its loss or shortage.
Responsibility for rolling stock downtime and failure to comply with the conditions of carriage
On the increase in the size of fines for the carriage of goods by road (see reference)
141. For a delay due to the fault of the consignor or consignee of vehicles (road trains) submitted for loading or unloading, beyond the established time limits (idle), the consignor or consignee pays to the trucking company or organization a fine for each minute of idle time of the vehicle (road train) with a carrying capacity:
Up to 4 tons inclusive - in the amount of 8 kopecks,
Over 4 tons and up to 7 tons inclusive - in the amount of 9 kopecks,
Over 7 tons and up to 10 tons inclusive - in the amount of 10 kopecks,
Over 10 tons - 15 kopecks.
When specialized vehicles are idle (refrigerators, isothermal, tankers and vans for various purposes), the amount of the fine is doubled.
The specified fine is paid by the consignor or consignee also for the idleness of the car through his fault in the garage of a transport company or organization or along the route.
The penalty for idle vehicles is collected regardless of the penalty for failure to comply with the transportation plan.
The grounds for calculating a fine for idle vehicles are the marks in the shipping document and the waybill about the time of arrival and departure of vehicles, and for idle vehicles in the garage, a written refusal of the consignor or consignee.
After one hour of waiting for loading, the transport company or organization has the right to return the rolling stock to the garage or use it for other transportation. In this case, the transportation is considered invalid, the accrual of penalties for downtime is terminated and the trucking company or organization is not responsible for the failure to perform the transportation.
Motor transport enterprises and organizations have no right to collect from consignors (consignees) a fine for downtime under loading on the first ride in case of delay in delivering the car to the loading point against the agreed time for more than 30 minutes ).
On the increase in the size of fines for the carriage of goods by road (see reference)
142. For the delay of containers in excess of the established norms, enterprises, organizations and institutions - consignors and consignees shall pay a fine in the amount of:
o 90 kopecks per hour for a container with a gross weight of 30 tons,
o 60 kopecks per hour for a container with a gross weight of 20 tons,
o 30 kopecks per hour for a container with a gross weight of 10 tons,
o 20 kopecks per hour for a container with a gross weight of 5 tons,
o 10 kopecks per hour for a container with a gross weight of 3 tons,
o 5 kopecks per hour for a container with a gross weight of less than 3 tons.
The penalty for the delay of containers is levied regardless of the fine for failure to fulfill the plan for the transportation of goods in containers (as amended by the Resolution of the Council of Ministers of the RSFSR dated 17.09.74 N 510).
143. The consignor and the consignee are exempted from paying a fine for the idleness of the rolling stock and the delay of containers, if the idleness of the rolling stock or the delay of containers occurred due to natural phenomena such as drifts, floods, fires, etc.) or an accident at the enterprise, as a result of which in accordance with the regulations in force, it is prohibited to carry out loading and unloading work.
144. If the consignor presents for carriage a cargo that is not provided for by the application or accepted for execution by a one-time order, or with an appointment to another point, the trucking company or organization has the right to refuse transportation by collecting the cost of the car mileage in both directions in accordance with the tariffs.
144.1 For underloading containers with a gross weight of 10, 20, and 30 tons up to technical standards or full carrying capacity (capacity), the shipper pays a fine in the amount stipulated in the tariffs. The penalty for underloading is not charged if the shipper has reloaded the container.
On the increase in the size of fines for the carriage of goods by road (see reference)
145. For an incorrect indication of the name of the goods in the shipping documents, the consignor or consignee shall pay a fine of 7 rubles from each shipping document or waybill.
On refusal to execute and incorrect execution of a commodity-transport document (see the letter of the State Arbitration of the RSFSR dated October 21, 1991 N С-13 / Н-373)
For refusal to issue or for incorrect execution of a shipping document, as well as a waybill, the consignor or consignee pays a fine of 7 rubles from each shipping document and waybill.
For the presentation of goods prohibited for carriage, or goods requiring special precautions during transportation, with an incorrect indication of the name or property of the goods from the shipper, in addition to recovering losses caused to the trucking company or organization, a fine is levied in the amount of five times the carriage charge at the highest rate for the entire distance transportation (as amended by the Resolution of the Council of Ministers of the RSFSR of 18.11.88 N 474).
On the increase in the size of fines for the carriage of goods by road (see reference)
145.1. In case of unjustified delivery of the cargo to the inappropriate consignee, the transport company or organization pays to the consignor or consignee - the owner of the cargo, in addition to the value of the specified cargo, a fine of 50 rubles (as amended by Resolution of the Council of Ministers of the RSFSR dated 16.05.80 N 253; dated 18.11.88 N 474).
146. Railway stations, ports (wharves) and airports are responsible for the idleness of vehicles and for refusal to execute or incorrect execution of shipping documents provided for in Article 141 and part two of Article 145 of this Charter for consignors and consignees.
147. The consignor or consignee shall pay a fine in the amount established by Articles 141 and 142 of this Charter for the delay of vehicles and containers resulting from the fact that the documents necessary for the execution of customs, sanitary and other administrative rules were not attached to the consignment note, and reimburses the losses incurred by the trucking company or organization for the same reason.
148. The collection of fines provided for in Articles 141, 142, the first part of Article 145 and Article 147 of this Charter is carried out through credit institutions in an indisputable manner (without prior acceptance) (as amended by Resolution of the Council of Ministers of the RSFSR dated 18.02.91 N 98).
149. If items that are prohibited to be transported by baggage are found in the checked-in baggage, the owner of the baggage shall pay a fine from each piece of baggage in the amount specified in the tariffs.
150. The consignor and the consignee are obliged to reimburse the trucking company or organization for losses incurred through their fault as a result of overloading, damage to rolling stock during loading or unloading, improper loading, packaging or improper securing of cargo.
151. A consignee who has not accepted cargo from a road transport company or organization during centralized export from railway stations, ports (from wharves) and airports within the time limits established by transport charters (codes) of the relevant modes of transport or issued on the basis of their rules shall reimburse the road transport company or the organization related losses, including paid storage fees and fines.
152. Road transport enterprises and organizations, consignors, consignees and passengers in case of non-fulfillment or improper fulfillment of obligations arising from this Charter, bear material responsibility only within the limits stipulated by the relevant articles of this Charter.
Responsibility of Citizens Using Rental Cars
153. From the moment a passenger car is received for use and until it is handed over to a motor vehicle company or organization, the person who has received the car is the owner of the car and, in accordance with civil law, bears material responsibility to third parties for harm caused by him while using the car.
154. For damage to a car, the person who has received the car shall be recovered the damage caused to the transport company or organization. The amount of damage is calculated based on the cost of repairing the vehicle or retail prices for the vehicle and spare parts.
155. In the event that a person who has received a rental car loses serviceable parts, assemblies, assemblies of the car and tires or replaces them with faulty or worn-out parts, the cost of the lost or replaced parts is recovered from this person at retail prices threefold.
156. Persons who violate the procedure and conditions for the use of cars provided for rent are deprived of the right to use cars for the periods established by the Standard Agreement for the rental of cars in the RSFSR.
Acts, claims, claims
According to Federal law dated May 5, 1995 N 71-FZ "On the Enactment of the Arbitration Procedure Code of the Russian Federation" the pre-trial (claim) procedure for resolving disputes established by this charter shall be applied until the relevant federal laws are adopted
157. Circumstances that may serve as the basis for the material liability of road transport enterprises and organizations, consignors and consignees in road transport are certified by entries in the shipping documents, and in case of disagreement between the road transport company or organization and the consignor, consignee) - by acts of the established form.
Circumstances that may serve as the basis for material liability of road transport enterprises and organizations and passengers in road transport are certified by acts of the established form.
The list of circumstances to be certified by entries in the shipping documents, the forms of acts and the procedure for their preparation are established by the Rules.
Circumstances that may serve as the basis for material liability of road transport enterprises and organizations, railway stations, ports (wharves) and airports in the case of centralized delivery (export) of goods at railway stations, ports (at the pier) and airports are certified in the manner prescribed by the rules centralized delivery (export) of goods by road at railway stations, ports (at the pier) and airports in the RSFSR.
158. Prior to the presentation by the consignor or consignee against the transport company or organization of a claim arising from this Charter, it is mandatory to file claims against them.
159. Claims arising from the carriage of goods are submitted to the trucking company or organization that issued the cargo, and in the event of complete loss of the cargo - to the trucking company or organization that accepted the cargo for transportation.
Claims arising from the carriage of passengers or baggage may be brought against the trucking company or the organization of the point of departure or destination at the discretion of the claimant.
Claims arising from the carriage of goods in direct mixed traffic are presented:
a) to a trucking company or organization, if the final destination is a freight bus station;
b) to another appropriate transport authority, if the final point of transportation is a railway station, port, pier) or airport.
160. It is not allowed to present claims from consignors (consignees) and road transport enterprises and organizations for an amount of less than 10 rubles for each shipping document, with the exception of claims from citizens.
With constant relationships between road transport enterprises and organizations, shippers and consignees, homogeneous requirements for road transport enterprises and organizations (for non-fulfillment of the transportation plan, loss, shortage or damage of goods, on the return of the fine paid), including for an amount of less than 10 rubles for one commodity transport document, can be combined according to the results of reconciliation of calculations for a month and presented.
161. Transfer of the right to file claims and claims to other organizations or citizens is not allowed, except for cases of transfer of such right by the consignor to the consignee or consignee to the consignor, as well as by the consignor or consignee of a superior organization or transport forwarding organization.
The transfer of the right to bring claims and a claim is certified by the assignment inscription on the document.
162. Documents confirming the claim must be attached to the claim.
A claim for loss, shortage, damage or damage to cargo, in addition to documents confirming the right to file a claim, must be accompanied by a document certifying the amount and value of the shipped cargo.
According to the Civil Code of the Russian Federation, the limitation period for claims arising from the carriage of goods is set at one year from the moment determined in accordance with transport charters and codes
163. Claims against a trucking company or organization can be filed within six months, and claims for payment of fines - within 45 days.
The specified periods are calculated:
a) from the date of delivery of the cargo or baggage - for claims for compensation for damage, damage or shortage of cargo or baggage;
b) upon expiration of 30 days from the date of the expiration of the delivery period for intercity transportation and 10 days from the date of acceptance of the cargo in urban and suburban transportation - for claims for compensation for the loss of cargo;
c) upon expiration of 10 days after the expiration of the terms of baggage delivery - for claims for compensation for the loss of baggage;
d) from the date of delivery of cargo or baggage - for claims for delay in delivery of cargo or baggage;
e) upon expiration of 4 months from the date of acceptance of the cargo for transportation - for claims for compensation for the loss of cargo arising from transportation in direct mixed traffic;
f) from the date of the expiration of the period established by the Rules for reconciliation of records in the accounting document for the implementation of the plan and a single order accepted for execution - for claims for the collection of a fine for non-delivery of goods provided for by an agreed task for transportation or a single order;
g) from the date of receipt by the applicant of the claim of a copy of the payment request (invoice) of the motor transport company or organization for the accrual of a fine - for claims for the return of a fine for idle vehicles and delay of containers, collected without acceptance;
h) from the date of the occurrence of the event that served as the basis for the presentation of the claim - in all other cases.
164. The road transport company or organization is obliged to consider the declared claim and notify the applicant of its satisfaction or rejection within the following terms from the date of receipt of the claim:
a) within 3 months - for claims arising from carriage by road;
b) within 6 months - for claims arising from transportation in direct mixed traffic;
c) within 45 days - for claims for payment of fines.
In case of partial satisfaction or rejection of the claim, the transport company or organization must indicate the reasons for this in the notification the decision and return the documents attached to the claim to the applicant.
If the claim is satisfied in full, the documents attached to the application will not be returned.
165. Claims of shippers and consignees against a road transport company or organization arising from this Charter may be brought only in cases of full or partial refusal of the road transport company or organization to satisfy the claim or failure to receive a response from them within the time limits specified in Article 164 of this Charter.
These claims are filed in accordance with the established jurisdiction or jurisdiction in arbitration or in court at the location of the motor transport company or organization against which the claim was filed, within two months from the date of receipt of the response from the transport company or organization, or from the date of expiration of the period established for the response.
When calculating the deadlines for filing claims and claims, the time required for the delivery of documents (claim, response to a claim) by the communication authorities should be taken into account.
Claims against enterprises and organizations of public road transport in the amount of up to 100 rubles are resolved in accordance with the established procedure by higher authorities in relation to the defendant, while the decision of the head of the republican association (main department) of road transport, territorial association of road transport, directly subordinate to the Ministry of Road Transport of the RSFSR, is final.
166. Claims of road transport enterprises and organizations against consignors, consignees and passengers arising from this Charter may be brought in accordance with the established jurisdiction or jurisdiction in arbitration or in court within 6 months.
The specified six-month period is calculated:
a) from the date of the expiration of the period established by the Rules for reconciliation of records in the accounting document for the implementation of the plan and a single order - to collect a fine for failure to present the goods, provided for by the agreed task for transportation or a single order;
b) from the date of the occurrence of the event that served as the basis for filing a claim - in all other cases.
167. Claims of motor transport enterprises and organizations and citizens arising from car rental may be brought in accordance with the established jurisdiction within 3 years from the date of the occurrence of the event that served as the basis for filing the claim.
168. Trucking companies and organizations pay 3 percent per annum for the recognized amount of the claim or for the amount paid by decisions of arbitration or judicial authorities.
Interest is calculated on the day the money is transferred or paid, starting from the day the claim is filed.
The same amount is paid by the shippers and consignees on the claims presented to them by the trucking company or organization arising from the carriage of goods.
In these cases, interest is calculated from the day the trucking company or organization submits written demands for payment of the corresponding amounts to the date of payment.
Interest is not charged on claims and claims for fines in all cases.
Section X Control over the work of road transport
169. Control over compliance with the requirements arising from this Charter by enterprises and organizations of public road transport, road transport enterprises and organizations of ministries and departments, with the exception of road transport enterprises and organizations of the Ministry of Defense, the State Security Committee of the USSR and the Ministry of Internal Affairs of the USSR, is carried out on the territory RSFSR by the control and auditing service of the Ministry of Motor Transport of the RSFSR.
The regulation on the control and auditing service of the Ministry of Automobile Transport of the RSFSR is developed with the participation of interested ministries and departments and approved by the Council of Ministers of the RSFSR (as amended by Resolution of the Council of Ministers of the RSFSR dated 28.11.69 N 648; dated 16.05.80 N 253).